Oneida Business Committee (2020)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, January 07, 2020

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, January 08, 2020

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

I.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

MINUTES

V.

A.

Approve the December 4 and 6, 2019, special Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

B.

Approve the December 11, 2019, regular Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

C.

Approve the December 13, 2019, special Business Committee meeting minutes

Sponsor: Lisa Summers, Secretary

RESOLUTIONS

A.

Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd Development

Grant

Sponsor: Trish King, Treasurer

B.

Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation

Improvement Plan (TTIP) - file # 2019-1336

Sponsor: Debbie Thundercloud, General Manager

Oneida Business Committee

Regular Meeting Agenda

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VII.

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C.

Adopt resolution entitled Community Action Board - Alzheimer and Dementia

Proposed Research Project

Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging

D.

Consider resolution entitled Amendments to the Child Support Law

Sponsor: David P. Jordan, Councilman

E.

Enter the e-poll results into the record regarding the adopted resolution # 12-12-19-A

FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application

Sponsor: Lisa Summers, Secretary

APPOINTMENTS

A.

Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board

Sponsor: Lisa Summers, Secretary

B.

Determine next steps regarding eight (8) alternate vacancies - Oneida Election Board

Sponsor: Lisa Summers, Secretary

C.

Determine next steps regarding ten (10) ad hoc vacancies - Oneida Election Board

Sponsor: Lisa Summers, Secretary

STANDING COMMITTEES

A.

B.

FINANCE COMMITTEE

1.

Accept the December 2, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

2.

Accept the December 16, 2019, regular Finance Committee meeting minutes

Sponsor: Trish King, Treasurer

LEGISLATIVE OPERATING COMMITTEE

1.

C.

QUALITY OF LIFE COMMITTEE

1.

VIII.

Accept the December 18, 2019, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the November 14, 2019, regular Quality of Life Committee meeting

minutes

Sponsor: Brandon Stevens, Vice-Chairman

TRAVEL REPORTS

A.

Approve the travel report - Councilwoman Jennifer Webster - Indian Health Care

Improvement Fund (IHCIF) - Arlington, VA - March 11-13, 2019

Sponsor: Jennifer Webster, Councilwoman

Oneida Business Committee

Regular Meeting Agenda

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January 08, 2020

Public Packet

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B.

Approve the travel report - Secretary Lisa Summers and Councilwoman Jennifer

Webster - 2019 Self-Governance Consultation Conference - Traverse City, MI - April

1-5, 2019

Sponsor: Jennifer Webster, Councilwoman

C.

Approve the travel report – Councilwoman Jennifer Webster – Tribal Self

Governance Advisory Committee meeting - Washington DC - July 14-16, 2019

Sponsor: Jennifer Webster, Councilwoman

D.

Approve the travel report - Councilwoman Jennifer Webster - 2019 Self-Governance

Professionals Workshop & Strategy Session - Maricopa, AZ - September 8-13, 2019

Sponsor: Jennifer Webster, Councilwoman

E.

Approve the travel report - Chairman Tehassi Hill, Secretary Lisa Summers, and

Councilman Daniel Guzman King - National Congress of American Indians 76th

Annual Convention & Marketplace - Albuquerque, NM - October 20-24, 2019

Sponsor: Tehassi Hill, Chairman

F.

Approve the travel report - Councilman Ernie Stevens III - Hemp Interim Final RuleTribal Consultation - Las Vegas, NV - December 10-12, 2019

Sponsor: Ernie Stevens III, Councilman

TRAVEL REQUESTS

A.

Approve the travel request in accordance with § 219.16-1 - Up to nine (9) Business

Committee members - Litigation oral argurments - Chicago, IL

Sponsor: Lisa Summers, Secretary

B.

Enter the e-poll results into the record regarding the approved travel request for

Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI December 11-12, 2019

Sponsor: Lisa Summers, Secretary

NEW BUSINESS

A.

CIP # 07-009 Building Demolitions - Approve the CIP Package Amendment

Sponsor: Debbie Thundercloud, General Manager

B.

CDC # 04-022 Public Transit Garage - Approve two (2) actions

Sponsor: Debbie Thundercloud, General Manager

C.

Determine next steps regarding the 2020 Special Election

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

D.

Approve two (2) actions regarding BC resolution # 05-08-19-B

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

Oneida Business Committee

Regular Meeting Agenda

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January 08, 2020

Public Packet

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E.

Approve the memorandum of understanding addendum appendix B - Between the

State of WI, Department of Children and Families, Bureau of Child Support and the

Oneida Nation - file # 2019-0668

Sponsor: Debbie Thundercloud, General Manager

F.

Enter the e-poll results into the record regarding the transfer of UWGB Basketball

Tickets and Parking Passes to Joint Marketing

Sponsor: Lisa Summers, Secretary

EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

2.

Accept the General Manager report

Sponsor: Debbie Thundercloud, General Manager

UNFINISHED BUSINESS

1.

File # 2019-CC-01

a.

Review proposed transition plan

Sponsor: Debbie Thundercloud, General Manager

Excerpt from December 11, 2019: Motion by Lisa Summers to defer item

X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan

and b. Determine next steps regarding vacancies, to the January 8, 2020,

regular Business Committee meeting agenda, seconded by Jennifer

Webster. Motion carried.

Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate

the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow

Committee pursuant to §105.7-4 and post the vacancy, seconded by Kirby

Metoxen. Motion carried. (2) Motion by David P. Jordan to direct the General

Manager to amend the recommendations provided regarding file # 2019-CC01 and to bring back a transition plan proposal no later than the December

11, 2019, regular Business Committee meeting, seconded by Lisa Summers.

Motion carried.

b.

Determine next steps regarding vacancies

Sponsor: Lisa Summers, Secretary

Excerpt from December 11, 2019: Motion by Lisa Summers to defer item

X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan

and b. Determine next steps regarding vacancies, to the January 8, 2020,

regular Business Committee meeting agenda, seconded by Jennifer

Webster. Motion carried.

Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to

the December 11, 2019, regular Business Committee meeting, noting the

General Manager will have a transition plan submitted to the Business

Committee by this date, as previously directed, seconded by Kirby Metoxen.

Motion carried.

Oneida Business Committee

Regular Meeting Agenda

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January 08, 2020

Public Packet

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C.

XII.

NEW BUSINESS

1.

Review application(s) for one (1) vacancy - Oneida Nation Arts Board

Sponsor: Lisa Summers, Secretary

2.

Review application(s) for eight (8) alternate vacancies - Oneida Election Board

Sponsor: Lisa Summers, Secretary

3.

Review application(s) for ten (10) ad hoc vacancies - Oneida Election Board

Sponsor: Lisa Summers, Secretary

4.

Enter the e-poll results into the record regarding the approved attorney

contract - Oneida Law Office staff attorney - file # 2019-1404

Sponsor: Lisa Summers, Secretary

5.

Enter the e-poll results into the record regarding the approved

recommendation of litigation counsel, option #1, in the December 13, 2019, email correspondence

Sponsor: Lisa Summers, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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January 08, 2020

Public Packet

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Approve the December 4 and 6, 2019, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

01/08/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

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DRAFT

Oneida Business Committee

Special Meeting

3:00 PM Wednesday, December 04 and 06, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council

members: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;

Not Present: Councilman Daniel Guzman King;

Arrived at: Secretary Lisa Summers at 3:07 p.m.;

Others present: Jo Anne House, Larry Barton, Lisa Liggins;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 3:02 p.m.

For the record: Councilman Daniel Guzman King is attending the FY-2022 Bemidji Area Budget

Consultation in Green Bay, WI. Secretary Lisa Summers will be a few minutes late.

II.

OPENING

Opening provided by Chairman Tehassi Hill.

Secretary Lisa Summers arrived at 3:07 a.m.

III.

ADOPT THE AGENDA (00:03:34)

Motion by David P. Jordan to adopt with two (2) changes [1) delete item IV.A.1. Accept the Sanctions

and Penalties law materials and add to the tentatively scheduled 2020 annual General Tribal Council

meeting agenda; and 2) under New Business header, item A. Cancel the December 26 and 27, 2019,

Oneida Business Committee meetings), seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Item VI.A. is addressed next.

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December 04 and 06, 2019

Public Packet

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DRAFT

IV.

STANDING COMMITTEES

A.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the Sanctions and Penalties law materials and add to the tentatively

scheduled 2020 annual General Tribal Council meeting agenda

Sponsor: David P. Jordan, Councilman

Item deleted at the adoption of agenda.

V.

NEW BUSINESS

A.

Cancel the December 26 and 27, 2019, Oneida Business Committee meetings

(00:19:47)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Summers to approve the request to cancel the December 26 and 27, 2019, Oneida

Business Committee meetings, seconded by Ernie Stevens III. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

(00:20:21)

Motion by David P. Jordan to recess at 4:47 p.m. until Friday, December 6, 2019, at 11:30 a.m.,

seconded by Lisa Summers. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Chairman Tehassi Hill called the meeting to order at 11:32 a.m. on Friday, December 6, 2019.

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman David P. Jordan; Treasurer Trish King; ViceChairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers,

Councilwoman Jennifer Webster;

Not Present: Councilman Daniel Guzman King; Councilman Kirby Metoxen;

Item IV.A. is re-addressed next.

Oneida Business Committee

Special Meeting Minutes

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December 04 and 06, 2019

Public Packet

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DRAFT

VI.

GENERAL TRIBAL COUNCIL

A.

Approve notice and materials for the January 20, 2020, tentatively scheduled

annual GTC meeting (00:05:07)

Sponsor: Lisa Summers, Secretary

Motion by Brandon Stevens to go into executive session at 3:28 p.m., seconded by Lisa Summers.

Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Motion by Ernie Stevens III to come out of executive session at 4:46 p.m., seconded by David P.

Jordan. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman David P. Jordan; Treasurer Trish King; Councilman

Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa

Summers; Councilwoman Jennifer Webster;

Not Present: Councilman Daniel Guzman King;

Motion by Lisa Summers to approve the notice and the annual reports including the changes noted in

the Secretary's December 4, 2019, memorandum, seconded by Jennifer Webster. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie

Stevens III, Lisa Summers, Jennifer Webster

Not Present:

Daniel Guzman King

Note: The meeting packet had additional changes and still needs approval.

Item V.A. is addressed next.

(00:20:54)

Motion by Brandon Stevens to go into executive session at 11:32 a.m., seconded by Jennifer Webster.

Motion carried:

Ayes:

David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Kirby Metoxen

Motion by Trish King to come out of executive session at 12:20 p.m., seconded by David P. Jordan.

Motion carried:

Ayes:

David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Kirby Metoxen

Motion by Lisa Summers to approve the meeting materials including the changes noted in the

Secretary's December 6, 2019, memorandum, seconded by Brandon Stevens. Motion carried:

Ayes:

David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Kirby Metoxen

Oneida Business Committee

Special Meeting Minutes

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December 04 and 06, 2019

Public Packet

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DRAFT

VII.

ADJOURN (00:21:45)

Motion by Ernie Stevens III to adjourn at 12:21 p.m., seconded by Trish King. Motion carried:

Ayes:

David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa

Summers, Jennifer Webster

Not Present:

Daniel Guzman King, Kirby Metoxen

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 4 of 4

December 04 and 06, 2019

Public Packet

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Approve the December 11, 2019, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

01/08/20

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

Public Packet

12 of 365

DRAFT

Oneida Business Committee

Executive Session

9:30 AM Tuesday, December 10, 2019

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, December 11, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Ernie Stevens III, Jennifer Webster;

Not Present: n/a

Arrived at: Councilman Kirby Metoxen at 9:38 a.m.;

Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Laura LaitinenWarren, Eric McLester, Troy Parr, Joanie Buckley, Pat Pelky;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa

Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;

Not Present: Councilman Ernie Stevens III;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Lisa Liggins, Debbie Danforth, Michelle Myers, Teresa

Anderson, Mercedes Dumas, Pam Clark, Carrie Blohowiak, Eric Krawczyk, Chris Johnson, Eric McLester,

Celestine Jeffreys, Bonnie Pigman;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.

For the record: Councilman Ernie Stevens III is on approved travel attending the Hemp Interim Final

Rule-Tribal Consultation in Las Vegas, NV.

II.

OPENING (00:00:14)

Opening provided by Chairman Tehassi Hill.

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

A.

Special Recognition for earning accreditation from the Accreditation Association

for Ambulatory Health Care (00:03:41)

Sponsor: Jennifer Webster, Councilwoman

Special recognition by Councilwoman Jennifer Webster of the Comprehensive Health Division for

earning accreditation from the Accreditation Association for Ambulatory Health Care; the following

individuals from the Mock Survey Team and the Executive Management Team were recognized today:

Henrietta Cornelius, Bill Stempski, Pamela Clark, Carrie Blohowiak, Connie VandenBerg, Sheri

Forgette, Eric Krawczyk, Mercedes Dumas, Teresa Anderson, Michelle Myers, Ravinder Vir, Jeff

Carlson, Dave Larson, Mari Kriescher, Mary Corneliussen, Mercie Danforth, and Debbie Danforth.

Additional recognition by Secretary Lisa Summers inviting the full team/division to a recognition event

in January 2020.

III.

ADOPT THE AGENDA (00:11:20)

Motion by Lisa Summers to adopt the agenda with four (4) noted changes [1) under the General Tribal

Council heading, add item IX.A Suspend stipends for non-reporting entities for the 2020 annual report;

2) under the General Tribal Council heading, add item IX.B Approve the amended 2020 annual

General Tribal Council meeting agenda to include the 2020 General Election dates; 3) under the

Executive Session heading, add item X.E.4. Adopt resolution entitled Regarding the pardon of Valerie

P. Ventura; and 4) under the Executive Session heading, add item X.E.5. Adopt resolution entitled

Regarding the pardon of Anthony P. Konkol], seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

IV.

MINUTES

A.

Approve the November 26, 2019, regular Business Committee meeting minutes

(00:13:08)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the November 26, 2019, regular Business Committee meeting

minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

B.

Approve the November 27, 2019, quarterly reports Business Committee meeting

minutes (00:13:30)

Sponsor: Lisa Summers, Secretary

Motion by Kirby Metoxen to approve the November 27, 2019, quarterly reports Business Committee

meeting minutes, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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V.

RESOLUTIONS

A.

Adopt resolution entitled Amending resolution # BC 01-09-19-D Appointment of

Liaison Responsibilities for Organization Entities for the 2017-2020 term of the

Oneida Business Committee (00:13:52)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to adopt resolution 12-11-19-A Amending resolution # BC 01-09-19-D

Appointment of Liaison Responsibilities for Organization Entities for the 2017-2020 term of the Oneida

Business Committee, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

VI.

STANDING COMMITTEES

A.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the November 20, 2019, regular Legislative Operating Committee

meeting minutes (00:16:10)

Sponsor: David P. Jordan, Councilman

Motion by Kirby Metoxen to accept the November 20, 2019, regular Legislative Operating Committee

meeting minutes, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

VII.

TRAVEL REQUESTS

A.

Approve the travel request in accordance with §219.6-1 - Eight (8) Individuals 2020 Special Election - Milwaukee, WI - January 24-26, 2020 (00:16:34)

Sponsor: Vicki Cornelius, Chair/Oneida Election Board

Motion by Jennifer Webster to approve the travel request in accordance with §219.6-1 for eight (8)

individuals to attend the 2020 Special Election in Milwaukee, WI - January 24-26, 2020, seconded by

Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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DRAFT

B.

Approve the travel request - Chairman Tehassi Hill - Brackeen v. Bernhardt

Arguments - New Orleans, LA - January 21-22, 2020 (00:18:03)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Summers to approve the travel request for Chairman Tehassi Hill to attend the

Brackeen v. Bernhardt Arguments in New Orleans, LA - January 21-22, 2020, seconded by Kirby

Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

C.

Approve the travel request - Councilwoman Jennifer Webster - Tribal SelfGovernance Advisory Committee (TSGAC)/SGAC - Washington DC - January 2224, 2020 (00:18:32)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Summers to approve the travel request for Councilwoman Jennifer Webster to attend

the Tribal Self-Governance Advisory Committee (TSGAC)/SGAC in Washington DC - January 22-24,

2020, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers

Abstained:

Jennifer Webster

Not Present:

Ernie Stevens III

D.

Approve the travel request - Vice-Chairman Brandon Stevens - 6th Annual Tribal

Govt E-Commerce conference: Wiring the Rez 2020 - Chandler, AZ - January 30-31,

2020 (00:18:59)

Sponsor: Brandon Stevens, Vice-Chairman

Motion by Lisa Summers to approve the travel request for Vice-Chairman Brandon Stevens to attend

the 6th Annual Tribal Govt E-Commerce conference: Wiring the Rez 2020 in Chandler, AZ - January

30-31, 2020, seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Lisa Summers, Jennifer Webster

Abstained:

Brandon Stevens

Not Present:

Ernie Stevens III

E.

Approve the travel request - Councilman Kirby Metoxen - 2020 AIANTA Board

retreat - Palm Springs, CA - June 6-9, 2020 (00:19:37)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen to attend the

2020 AIANTA Board retreat in Palm Springs, CA - June 6-9, 2020, seconded by Trish King. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Lisa Summers, Jennifer Webster

Abstained:

Kirby Metoxen

Not Present:

Ernie Stevens III

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

VIII.

NEW BUSINESS

A.

Approve two (2) actions regarding funding for Oneida language classes in area

public school districts (00:20:15)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Summers to support the request from the Pulaski Community School District for

financial support the Oneida Language Teaching Position and to defer this request to the General

Manager and the Finance Committee to collaborate on the funding, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

B.

Approve the CY2020 vacancy postings for Boards, Committees, Commissions,

Corporate Boards, Standing Committees, and Other (00:30:40)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to approve the CY2020 vacancy postings for Boards, Committees,

Commissions, Corporate Boards, Standing Committees, and Other, seconded by Jennifer Webster.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

C.

Re-post one (1) vacancy - Oneida Environmental Resource Board (00:31:38)

Sponsor: Lisa Summers, Secretary

Motion by Jennifer Webster to re-post one (1) vacancy for the Oneida Environmental Resource Board,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

IX.

GENERAL TRIBAL COUNCIL

A.

Suspend stipends for non-reporting entities for the 2020 annual report (00:32:20)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to suspend stipends for the Oneida Land Claims Commission and the

Oneida Nation Arts Board in accordance with § 105.12-5 of the Boards, Committees, and

Commissions law until their 2020 annual reports are accepted by the General Tribal Council, seconded

by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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B.

Approve the amended 2020 annual General Tribal Council meeting agenda to

include the 2020 General Election dates (00:34:50)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to approve the amended 2020 annual General Tribal Council meeting

agenda to include the 2020 General Election dates, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

X.

EXECUTIVE SESSION

A.

REPORTS

1.

Accept the Chief Counsel report (00:36:45)

Sponsor: Jo Anne House, Chief Counsel

Motion by Brandon Stevens to accept the Chief Counsel report, seconded by David P. Jordan. Motion

carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Brandon Stevens to approve a limited waiver of sovereign immunity - Brown County Public

Works Department project agreement - file # 2019-1359, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

B.

STANDING ITEMS

1.

ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF

ASSOCIATION

a.

Accept the Thornberry Creek LPGA Classic

September/October/November 2019 report (00:37:40)

Sponsor: Eric McLester, Business Compliance Analyst

Motion by Lisa Summers to accept the Thornberry Creek LPGA Classic September/October/November

2019 report, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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C.

AUDIT COMMITTEE

1.

Accept the October 10, 2019, regular Audit Committee meeting minutes

(00:38:07)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Summers to accept the October 10, 2019, regular Audit Committee meeting minutes,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

D.

UNFINISHED BUSINESS

1.

File # ED19-013 - Accept the update and approve the recommendation (00:38:26)

Sponsor: Debbie Thundercloud, General Manager

Motion by Lisa Summers to accept the update and approve the recommendation regarding file #

ED19-013, seconded by Trish King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

2.

Accept the Insurance Notice Gap sub-team update (00:38:51)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to accept the Insurance Notice Gap sub-team update, seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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3.

File # 2019-CC-01

a.

Review proposed transition plan (00:39:20)

Sponsor: Debbie Thundercloud, General Manager

Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate

the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow Committee

pursuant to §105.7-4 and post the vacancy, seconded by Kirby Metoxen.

Motion carried. (2) Motion by David P. Jordan to direct the General Manager

to amend the recommendations provided regarding file # 2019-CC-01 and to

bring back a transition plan proposal no later than the December 11, 2019,

regular Business Committee meeting, seconded by Lisa Summers. Motion

carried.

Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed

Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular

Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

b.

Determine next steps regarding vacancies (00:39:20)

Sponsor: Lisa Summers, Secretary

Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to

the December 11, 2019, regular Business Committee meeting, noting the

General Manager will have a transition plan submitted to the Business

Committee by this date, as previously directed, seconded by Kirby Metoxen.

Motion carried.

Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed

Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular

Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

E.

NEW BUSINESS

1.

Discuss draft Collaborative Charter (00:39:59)

Sponsor: Debbie Thundercloud, General Manager

Motion by Jennifer Webster to accept the discussion regarding the draft Collaborative Charter as

information, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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2.

Discuss closeout of Professional Services Agreement - file # 2016-1035 and

2018-0178 (00:40:32); (00:43:05)

Sponsor: Lisa Summers, Secretary

Motion by Lisa Summers to defer to end of meeting, seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Item X.E.3. is addressed next.

Motion by Lisa Summers to go into executive session at 9:16 a.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Lisa Summers to come out of executive session at 9:44 a.m., seconded by Kirby Metoxen.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Roll call for the record:

Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;

Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Secretary Lisa

Summers; Councilwoman Jennifer Webster;

Not Present: Councilman Ernie Stevens III;

Motion by Lisa Summers to accept the memorandum dated December 4, 2019, and approve the two

(2) identified actions, seconded by Brandon Stevens. Motion carried:

Ayes:

David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa

Summers, Jennifer Webster

Abstained:

Daniel Guzman King

Not Present:

Ernie Stevens III

Item XI. is addressed next.

3.

Adopt resolution entitled First Amendment to the Governmental 401(k) Plan

(00:41:00)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to adopt resolution 12-11-19-B First Amendment to the Governmental

401(k) Plan, seconded by Lisa Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

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Regular Meeting Minutes

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4.

Adopt resolution entitled Regarding Valerie P. Ventura (00:41:19)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the Pardon and Forgiveness Screening Committee's

recommendation regarding a pardon application submitted by Valerie P. Ventura and move the

resolution entitled Regarding Pardon of Valerie P. Ventura to open session, seconded by Jennifer

Webster. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Lisa Summers to adopt resolution 12-11-19-C Regarding Pardon of Valerie P. Ventura,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

5.

Adopt resolution entitled Regarding Anthony P. Konkol (00:42:20)

Sponsor: Lisa Summers, Secretary

Motion by David P. Jordan to accept the Pardon and Forgiveness Screening Committee's

recommendation regarding a pardon application submitted by Anthony P. Konkol and move the

resolution entitled Regarding Pardon of Anthony P. Konkol to open session, seconded by Lisa

Summers. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Motion by Lisa Summers to adopt resolution 12-11-19-D Regarding Pardon of Anthony P. Konkol,

seconded by David P. Jordan. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Item X.E.2. is re-addressed next.

XI.

ADJOURN (00:44:10)

Motion by David P. Jordan to adjourn at 9:45 a.m., seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,

Brandon Stevens, Lisa Summers, Jennifer Webster

Not Present:

Ernie Stevens III

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

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Approve the December 13, 2019, special Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

01/08/19

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Contract Document(s) ☐ Legal Review

☐ Correspondence

☒ Minutes

☐ Fiscal Impact Statement ☐ Report

☐ Other: Describe

☐ Resolution

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Summers, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

LLIGGINS

☐ Unbudgeted

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Oneida Business Committee

Special Meeting

9:00 AM Friday, December 13, 2019

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

SPECIAL MEETING

Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: Daniel Guzman King, David P.

Jordan, Ernie Stevens III;

Not Present: Secretary Lisa Summers, Council members: Kirby Metoxen, Jennifer Webster;

Arrived at: Vice-Chairman Brandon Stevens at 9:24 a.m.;

Others present: Jo Anne House, Larry Barton, Lisa Liggins;

I.

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 9:02 a.m.

For the record: Vice-Chairman Brandon Stevens will be a few minutes late. Secretary Lisa Summers

is on pre-approved vacation day. Councilman Kirby Metoxen is out on a personal day. Councilwoman

Jennifer Webster is out on a pre-approved vacation day.

II.

OPENING

Opening provided by Councilman Daniel Guzman King.

Chairman Tehassi Hill asked for a moment of silence for last night's passing of former Chairman Rick

Hill.

III.

ADOPT THE AGENDA (00:01:25)

Motion by David P. Jordan to adopt the agenda as presented, seconded by Daniel Guzman King.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Not Present:

Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster

Oneida Business Committee

Special Meeting Minutes

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IV.

EXECUTIVE SESSION (00:01:45)

Motion by David P. Jordan to go into executive session at 9:05 a.m., seconded by Ernie Stevens III.

Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III

Not Present:

Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster

Vice-Chairman Brandon Stevens arrived at 9:24 a.m.

Motion by David P. Jordan to come out of executive session at 9:56 a.m., seconded by Brandon

Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Roll call for the record:

Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;

Treasurer Trish King; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;

Not Present: Councilman Kirby Metoxen; Secretary Lisa Summers; Councilwoman Jennifer

Webster;

A.

AUDIT COMMITTEE

1.

Approve RSM, US LLP presentation materials to be forwarded to the January

20, 2020, tentatively scheduled annual General Tribal Council meeting

(00:02:10)

Sponsor: David P. Jordan, Councilman

Motion by Trish King to approve the RSM, US LLP presentation materials, with the noted changes, to

be forwarded to the January 20, 2020, tentatively scheduled annual General Tribal Council meeting,

seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

2.

Approve the September 30, 2019, year-end audited financial statements

presented by RSM, US LLP (00:02:40)

Sponsor: David P. Jordan, Councilman

Motion by Trish King to approve the September 30, 2019, year-end audited financial statements

presented by RSM, US LLP, seconded by Ernie Stevens III. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Chairman Tehassi Hill recognized the hard work and dedication of the employees in Audit, Finance,

Accounting, and Management who ensure our financials are represented properly and ensure funding

is allocated and expended properly.

Oneida Business Committee

Special Meeting Minutes

Page 2 of 3

December 13, 2019

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V.

ADJOURN (00:03:45)

Motion by David P. Jordan to adjourn at 9:58 a.m., seconded by Daniel Guzman King. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,

Ernie Stevens III

Not Present:

Kirby Metoxen, Lisa Summers, Jennifer Webster

Minutes prepared by Lisa Liggins, Information Management Specialist

Minutes approved as presented on

.

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Special Meeting Minutes

Page 3 of 3

December 13, 2019

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Oneida Business Committee Agenda Request

Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd Development Grant

1. Meeting Date Requested:

01 / 08 / 20

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Passage of a resolution of grant application support

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Grant Authorization form

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Trish King, Treasurer

Primary Requestor/Submitter:

Ralinda Ninham-Lamberies, Finance

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Donald Miller, Grant Specialist, Grants

Name, Title / Dept.

Additional Requestor:

Jeff Scofield, Agricultural Director, Oneida Farm

Name, Title / Dept.

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Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The Oneida farm annually applies for herd development support from the InterTribal Buffalo Council to promote

the health and expansion of the Oneida Nations Buffalo herd. The benefits from the herd are felt in the sharing of

the herds meat with the Oneida School system, the Oneida Emergency Pantry, the Elders meal site, other

community events, and through sales to the community, all things that are supported in part by the annual

InterTribal Buffalo Council Grant.

To apply for this supporting grant the farm is required to also submit a resolution of support that also authorizes

the application.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________

2019 InterTribal Buffalo Council, Buffalo Herd Development Grant

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,

maintain and improve the standard of living and the environment in which the Oneida

people live; and

WHEREAS,

the Oneida Buffalo Herd Development Project promotes food sovereignty and selfsufficiency and is an integral component of the Oneida Community Integrated Food System

(OCIFS) because it provides high quality, hormone-free, traditional bison meat products

for the improved health and well-being of the Oneida Community; and

WHEREAS,

the Oneida Nation is committed to maintaining long-term support for the Oneida Buffalo

Herd Development Project; and

WHEREAS,

the Oneida Business Committee has on several occasions in the past, on behalf of the

Oneida Nation, expressed their support through resolutions for similar grant applications

and the InterTribal Buffalo Council.

NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the Oneida Farm’s

submission of a grant application to the InterTribal Buffalo Council for the purposes of restoring and

supporting the Oneida Buffalo Herd Development Project in a manner that is culturally, ecologically and

economically self-sustaining, and supportive of the Oneida Nations nutritional goals and community health.

The official Tribal representative to the InterTribal Buffalo Council shall be Jeff Scofield, Agricultural Director

and his alternate shall be Ralinda Ninham-Lamberies, Assistant Chief Financial Officer.

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Oneida Business Committee Agenda Request

Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) - file

1. Meeting Date Requested:

01 / 08 / 20

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Approve the attached tribal transportation list. The list is based off housing needs which is the Nations

priority. Other roads are based off the paser rating which identify roads with the highest priority of need

(pulverize and pave, maintenance etc)

3. Supporting Materials

Report

Resolution

Contract

Other:

1. TIP List

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Troy Parr, Asst. Division Director/Development

Primary Requestor/Submitter:

James Petitjean, Community Development Area Manager

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The Oneida Nation is eligible to receive $1,229,070 in road funding from the BIA which represents an increase of

10.6% from 2019. 75% of the road funds are used for new infrastructure and the balance remaining is for

maintaining our roads. As a side note 17 of our tribal roads have moved from a paser rating of 4 or less to 8-10

score. This shows we are using the funds responsibly to upgrade our roads. 32% of our roads have been

upgraded to a high paser rating in the last 5 years.

A street sweeper is part of the funds that are eligible for funding out of the maintenance funds.

The new roads in Break Creak Village will support 36 housing units. Housing is a high priority within the nation.

The funding the Oneida Nation receives are for planning road funds, program administration, preliminary

engineering, construction, construction engineering, construction management and road maintenance.

Action needed: To approve the attached resolution.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________

FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP)

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

adequate transportation infrastructure is integral to serving local and community needs;

and

WHEREAS,

the Oneida Business Committee seeks to provide adequate transportation facilities to meet

the needs of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee developed the 2020-2022 Oneida Nation Tribal

Transportation improvement plan, and it requests the Bureau of Indian affairs incorporate

it into the control schedule Transportation Improvement Plan as a required step to ensure

the Oneida Nation receives its "Tribal Shares" funding; and

WHEREAS,

the Oneida Business Committee agrees with the needs and priorities presented in the

2020-2022 Oneida Nation Tribal Transportation Improvement Plan.

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee supports and adopts the

2020-2022 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached

CSTIP forms that were developed between the Oneida Nation and the BIA for Tribal Shares funding along

with corresponding 2020 TTP retained services agreement (RSA).

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Adopt resolution entitled Community Action Board - Alzheimer and Dementia Proposed Research Project

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Note: The BC Support Office contacted the ONCOA Coordinator on 1/2/20 regarding this request

in order to clarify the intent and determine if BC resolution # 05-08-19-A Research Requests:

Review and Approval to Conduct applied to this request. The ONCOA Coordinator indicated that

this resolution is simply to request OBC support of a project which ONCOA already supports; and

it is not meant to imply consent or commitment to participate in a research project.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # ___________

Community Action Board - Alzheimer and Dementia Proposed Research Project

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation is committed to protecting its members from problems that result in or

exacerbate illness and disease such as Alzheimer's and Dementia (AD); and

WHEREAS,

Despite, a decades-long mandate for inclusion, American Indians (Al) are nearly absent in

Alzheimer's disease and related dementias research even though data suggests that AI

have unique risk features; and

WHEREAS,

one key factor impeding this participation is the existence of significant cultural differences

between the researchers and the AI communities; and

WHEREAS,

the objective of this research effort would be to study successful collaborations wherein

tribal communities and university research teams can create an intercultural bridge that

can successfully bridge the two cultures; and

WHEREAS,

the resulting Best Practice protocols from this research project could provide innovative

and practical guidance to research teams seeking to build intercultural bridges and help

stimulate AD research resulting in measurably more positive subject responses than the

current standard approaches.

NOW THEREFORE BE IT RESOLVED, that to help promote the health and success of the Oneida Elder

community the Oneida Business Committee will support this Oneida Nation Commission on Aging proposed

research project.

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

Consider resolution entitled Amendments to the Child Support Law



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Update what constitutes a "substantial change in circumstance" that warrants a

modification of a child suppmt order [7 0. C. 704.10-2(b)];

Repeal Child Support Rule No. 1 - Deviation from Child Suppmt and Rule No. 2 Enforcement Tools and move the contents of the rules into the body of the law itself; and

Make additional updates and clarify language throughout the law.

The Legislative Operating Committee developed the proposed amendments to the Child Suppmt

law through collaboration with representatives from the Oneida Child Support Agency, Oneida

Law Office, Oneida Family Court, and Oneida Police Depaitment. The Legislative Operating

Committee also reviewed various laws of the Nation, as well as seven (7) child suppmt laws from

other tribes and the State of Wisconsin.

In accordance with the Legislative Procedures Act, a public meeting on the Child Support law

was held on October 17, 2019. Two (2) people provided oral comments during the public

meeting. The public comment period was then held open until October 24, 2019. The Legislative

Operating Committee received one (1) submission of written comments during the public

comment period. All public comments received were accepted, reviewed, and considered by the

Legislative Operating Committee on November 6, 2019. Any changes made based on those

comments have been incorporated into this draft.

Requested Action

Approve the Resolution: Amendments to the Child Support Law

Page 2 of 2

A good mind. A good heart. A strong fire.

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ONEIDA

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # _____________

Amendments to the Child Support Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Child Support law (‘the Law”) was adopted by the Oneida Business Committee through

resolution BC-06-24-09-B and amended by resolutions BC-02-24-10-G, BC-02-23-11-E,

BC-06-22-11-K, BC-10-10-12-C, BC-08-13-14-E, and

WHEREAS,

the purpose of the Law is to establish the legal responsibility of parents to provide

financially for their children’s general well-being; make support payments more equitable

by ensuring consistent treatment of persons in similar circumstances; make support

payments based on the real earning capability of parents; and improve the efficiency of

child support establishment and enforcement; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Child Support Agency, Oneida Family Court, Oneida Police Department, and

Oneida Law Office to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law create a process to suspend or modify child support orders for

parents incarcerated for one hundred and eighty (180) days or more; and

WHEREAS,

the amendments to the Law update notice requirements and timelines for initiating an

action by the Agency, sending appointment letters for noncompliance, sending notice of

delinquency, sending notice of enforcement action, and sending income withholding

orders; and

WHEREAS,

the amendments to the Law clarify how the Family Court may redact addresses and

identifying information from court documents to ensure the safety of a party; and

WHEREAS,

the amendments to the Law make updates to how child support obligations are calculated

in certain special circumstances; and

WHEREAS,

the amendments to the Law update what constitutes a “substantial change in

circumstance” that warrants a modification of a child support order; and

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BC Resolution # _______

Amendments to the Child Support Law

Page 2 of 2

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WHEREAS,

the amendments to the Law repeal Child Support Law Rule No. 1 - Deviation from Child

Support and Child Support Law Rule No. 2 - Enforcement Tools and move the contents of

the rules into the body of the law itself; and

WHEREAS,

the amendments to the Law make other minor drafting revisions; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on October 17, 2019,

in accordance with the Legislative Procedures Act, and the public comment period was

held open until October 24, 2019; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on November 6, 2019; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Child Support law are hereby adopted

and shall be effective on January 22, 2020.

BE IT FINALLY RESOLVED, that Child Support Law Rule No. 1 - Deviation from Child Support and Child

Support Law Rule No. 2 - Enforcement Tools are hereby repealed effective January 22, 2019.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

Statement of Effect

Amendments to the Child Support Law

Summary

This resolution adopts amendments to the Child Support law.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: December 18, 2019

Analysis by the Legislative Reference Office

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Child Support law which

comply with all processes and procedures required by the LPA, including the development of a

legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting

and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The Child Support law was adopted by the Oneida Business Committee for the purpose of

establishing the legal responsibility of parents to provide financially for their children’s general

well-being; making support payments more equitable by ensuring consistent treatment of persons

in similar circumstances; making support payments based on the real earning capability of parents;

and improving the efficiency of child support establishment and enforcement. [7 O.C. 704.1-1].

The amendments to the Child Support law will:

 Create a process to suspend or modify child support orders for parents incarcerated for one

hundred and eighty (180) days or more [7 O.C. 704.11];

 Update notice requirements and timelines for initiating an action by the Agency [7 O.C.

704.5-2], sending appointment letters for noncompliance [7 O.C. 704.12-2], sending notice

of delinquency [7 O.C. 704.13-3], sending notice of enforcement action [7 O.C. 704.134], and sending income withholding orders [7 O.C. 704.9-3(a)];

 Clarify how the Family Court may redact addresses and identifying information from court

documents to ensure the safety of a party [7 O.C. 704.5-5(b)];

 Make updates to how child support obligations are calculated in certain special

circumstances, such as:

 updating the date when legal obligation for child support is incurred for a nonmarital child of a serial family obligor [7 O.C. 704.8-1];

 updating how overnights and equivalent care are calculated for shared-placement

parents [7 O.C. 704.8-2];

 updating the formula for calculating child support obligations of split-placement

parents [7 O.C. 704.8-3]; and

 Update what constitutes a “substantial change in circumstance” that warrants a

modification of a child support order [7 O.C. 704.10-2(b)].

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Other additional minor changes are made to the draft to update the language and ensure compliance

with drafting style and formatting requirements.

The resolution also repeals Child Support Rule No. 1 - Deviation from Child Support and Rule

No. 2 - Enforcement Tools. The Law was amended to remove the prior reference that “any Agency

requirements which would affect individuals outside the Agency and do not relate to the internal

management of the Agency shall require Oneida Business Committee approval in the form of a

law or rule.” [7 O.C. 704.2-6 of Law adopted through BC-08-13-14-E]. Instead, the contents of

those rules have been incorporated directly into the body of the Law itself.

In accordance with the LPA, a public meeting on the proposed amendments to the Child Support

law was held on October 17, 2019. Two (2) individuals provided oral comments during the public

meeting. The public comment period was then held open until October 24, 2019. The Legislative

Operating Committee received one (1) submission of written comments during the public

comment period. All public comments received were accepted, reviewed, and considered by the

Legislative Operating Committee on November 6, 2019. Any changes made based on those

comments have been incorporated into this draft.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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Analysis to Draft 3 for BC Consideration

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They watch over the children

AMENDMENTS TO CHILD SUPPORT LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Oneida Child

Support Agency

Intent of the

Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

SPONSOR:

David P. Jordan

DRAFTER:

Clorissa N. Santiago

ANALYST:

Brandon Wisneski

 To create a process to suspend or modify child support orders for parents

incarcerated for one hundred and eighty (180) days or more;

 To update notice requirements and timelines for initiating an action by the

Agency, sending letters of noncompliance, sending notice of delinquency,

sending notice of enforcement action, and sending income withholding orders;

 To clarify how the Family Court may redact addresses and identifying

information from court documents to ensure safety of a party;

 To make updates to how child support obligations are calculated in certain

special circumstances, such as:

o updating how overnights and equivalent care are calculated for sharedplacement parents;

o updating the formula for calculating child support obligations of splitplacement parents;

o updating the date when legal obligation for child support is incurred for a

non-marital child of a serial family obligor;

 To update what constitutes a “substantial change in circumstance” that warrants

a modification of a child support order;

 To repeal Child Support Rule #1 Deviation from Child Support and Rule #2

Enforcement Tools and move the contents of the rules into the body of the law

itself;

 To make additional updates and clarify language throughout the law.

The purpose of this law is to establish the legal responsibility of parents to provide

financially for their children’s general well-being; make support payments more

equitable by ensuring consistent treatment of persons in similar circumstances;

make support payments based on the real earning capability of parents; and improve

efficiency of child support establishment and enforcement [7 O.C. 704.1-1].

Oneida Child Support Agency, Oneida Family Court, Oneida Court of Appeals,

Oneida license-issuing agencies such as Oneida Licensing and Oneida

Conservation, and any individuals with child support cases that fall under the

jurisdiction of the Oneida Family Court [7 O.C. 704.4].

A public meeting was held on October 17, 2019.

A fiscal impact statement was prepared by the Finance Dept. on December 6,

2019.

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What Is Child Support?

“When parents separate, they still have shared rights and responsibilities as to their children. The

most basic of these responsibilities is supporting their children so they have food, clothing, shelter

and health care. Child support is a payment made by one parent to another for the support of a child.

The amount of the payment is based on a percentage, determined by law, of the paying parent’s

income.” Source: Oneida Child Support Agency FAQ.

“Child support is the financial support paid by parents to support a child or children of whom they

do not have full custody. Child support can be entered into voluntarily, by court order or by an

administrative agency (the process depends on the state or tribe). The noncustodial parent or

obligor—the parent who does not have primary care, custody, or control of the child or children—

often has an obligation to the custodial parent or obligee—the parent who has primary care, custody

and control of the child or children.” Source: National Association of State Legislatures (NCSL).

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SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave tribal

nations the authority to establish child support agencies. Wisconsin (WI) Statute 801.54 allows WI

circuit courts to transfer civil actions to tribal courts in matters where tribal nations have concurrent

jurisdiction, such as child support cases.

B. The Oneida Child Support Agency was established by the Oneida Business Committee on June 20,

2007. Oneida Nation’s application for a child support services grant was approved by the U.S.

Department of Health and Human Services on April 4, 2008.

C. The Oneida Nation’s Child Support law was first adopted by emergency amendment on June 30, 2008

and permanently adopted on June 24, 2009 by the Oneida Business Committee. It was most recently

amended on August 13, 2014.

D. At the end of 2008, the Oneida Child Support Agency had 482 cases. As of 2018, the Oneida Child

Support Agency now handles over 3,050 cases and has completed case transfers from Brown and

Outagamie counties.

E. On February 28, 2018, the Oneida Child Support Agency submitted a request to amend the Oneida

Child Support law. The LOC added the Child Support Law amendments to the Active Files List on

March 7, 2018. Since that time, the LOC has worked with Child Support Agency to review the law and

develop potential amendments.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this law

and legislative analysis: Oneida Child Support Agency, Oneida Law Office, Oneida Police Department,

and Oneida Judiciary Family Court.

B. The following laws were reviewed in the drafting of this analysis: Administrative Rulemaking law;

Paternity law; Per Capita law; Oneida Judiciary Rules of Civil Procedure; Rules of Appellate

Procedure; Workers Compensation law; Garnishment law; Family Court law; Family Court Rules; Per

Capita law; Children’s Code; Divorce, Annulment and Legal Separation; Child Custody, Placement

and Visitation law. In addition, the following laws from other tribal nations and the state of Wisconsin

were reviewed:

 Ho Chunk Nation - Child Support Code 4HCC7

 Forest County Potawatomi - Child Support Law

 Lac Du Flambeau - Child Support Law Ch 31

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 Menominee Nation – Financial Support of Children Law

 Stockbridge Munsee Child Support Law

 White Earth Child Support Act

 State of Wisconsin Child Support Administrative Enforcement – Chapters DCF 150 & 152.

C. In addition, the following documents or articles were reviewed in the drafting of this analysis:

 Child Support Enforcement: Tribal Programs – Congressional Research Service Report. July

5, 2016.

 Final Rule: Flexibility, Efficiency, and Modernization in Child Support Enforcement

Programs, Federal Register, Volume 81, Number 244. December 20, 2016.

 Child Support Final Rule Fact Sheet: Flexibility, Efficiency and Modernization in Child

Support Enforcement Programs. Office of Child Support Enforcement, Administration for

Children and Families, Dept. of Health and Human Services. January 5, 2017. DCL-17-01.

SECTION 4. PROCESS

A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act

(LPA).

B. The law was added to the Active Files List on March 7, 2018.

C. A public meeting was held on October 17, 2019. The public comment period was held open until October

24, 2019.

C. At the time this legislative analysis was developed, a total of twenty-seven (27) work meetings were

held regarding the development of this law and legislative analysis, including twenty-one (21) work

meetings with the Oneida Child Support Agency:

 April 5, 2018: Work meeting with Child Support.

 April 18, 2018: Work meeting with LOC.

 May 17, 2018: Work meeting with Child Support.

 June 8, 2018: Work meeting with Child Support.

 June 22, 2018: Work meeting with Child Support.

 July 13, 2018: Work meeting with Child Support.

 August 9, 2018: Work meeting with Child Support, Family Court and Oneida Police Department.

 August 17, 2018: Work meeting with Child Support.

 September 18, 2018: Work meeting with Child Support.

 October 12, 2018: Work meeting with Child Support.

 October 26, 2018: Work meeting with Child Support.

 October 31, 2018: Work meeting with LOC and Child Support.

 November 9, 2018: Work meeting with Child Support.

 December 6, 2018: Work meeting with Child Support.

 December 10, 2018: Work meeting with Child Support and Oneida Police Department.

 December 19, 2018: Work meeting with LOC.

 January 4, 2019: Work meeting with Child Support.

 February 1, 2019: Work meeting with Child Support.

 March 3, 2019: Work meeting with Child Support.

 April 4, 2019: Work meeting with Child Support.

 April 30, 2019: Work meeting with Child Support.

 May 16, 2019: Work meeting with Child Support & Law Office.

 July 17, 2019: Work meeting with LOC.

 July 18, 2019: Work meeting with LOC.

 July 25, 2019: Work meeting with LOC.

 August 21, 2019: Work meeting with LOC and Child Support.

 November 6, 2019: Work meeting with LOC.

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SECTION 5. CONTENTS OF THE LEGISLATION

The following provides a summary of the changes proposed in the amendments to the Child Support Law:

A. Moving Child Support Rules into the Law. The Child Support Law currently includes two (2) rules:

Rule #1 Deviation from Child Support and Rule #2 Enforcement Tools. Both rules became effective

June 24, 2009, prior the adoption of the Nation’s Administrative Rulemaking law [1 O.C. 106]. The

proposed amendments delete the rules and move the contents of both Rule #1 and Rule #2 into the body

of the law itself.

 Rule #1 Deviation from Child Support. The information from Rule #1 Deviation from Child

Support, unless otherwise noted in this analysis, has been moved to the following sections:

o 704.7 Determining Child Support Obligation

o 704.8 Determining the Child Support Obligation in Special Circumstances

o 704.9 Child Support Order

 Rule #2 Enforcement Tools. The information from Rule #2 Enforcement Tools, unless otherwise

noted in this analysis, has been moved to the following sections:

o 704.12 Compliance Plan

o 704.13 Enforcement of an Order

o 704.14 Alternative Payment Plans

o 704.15 Administrative Enforcement Action

o 704.16 Family Court Contempt Action

 Deleted Examples. Rule #1 contained example calculations and scenarios to illustrate how to

determine child support in special circumstances. These examples have been deleted. Such

examples could be provided in a separate document or worksheet by the Agency.

B. Notice for Initiation of Action by Oneida Child Support Agency.

 Requesting Services. When the Oneida Child Support Agency receives an application or referral

for services, the Agency is required to send notice to the non-custodial parent. The non-custodial

parent is the parent who does not hold primary care, custody or control of the child.

 Current Notice Requirements. Within five (5) business days of receiving a referral or application,

the Agency is currently required to send two (2) letters to the non-custodial parent before initiating

a hearing in the Family Court. The purpose of the letters is to request information and attempt to

negotiate a stipulation, or voluntary agreement, between the parents. If the non-custodial parent

does not respond to the letters, then the Agency will initiate a hearing in the Family Court.

 Changes to Notice Requirements. [7 O.C. 704.5-2].

o Meeting with Custodial Parent Prior to Sending Notice. The Agency will now be required

to meet with the custodial parent (the parent who has primary custody of the child) within

thirty (30) days of receiving a referral or application. Only after meeting with the custodial

parent will the Agency send the notice letter to the non-custodial parent.

 Effect. This change reflects the Agency’s current practice. The Agency reports that

most child support cases begin as referrals from other agencies rather than an

application from the custodial parent. The Agency reports that meeting with the

custodial parent first ensures that the Agency has the information it needs before

contacting the non-custodial parent and/or initiating an action.

o Deadline for Agency to Send Letter. The Agency will now have seven (7) business days

rather than five (5) business days to send the Letter of Request for Support and Financial

Disclosure form to the non-custodial parent.

o Number of Letters. Rather than sending two (2) letters, the Agency is now only required to

send one (1) letter before initiating a hearing. This will allow for child support hearings to

be scheduled more quickly. Rather than waiting at least fifteen (15) days as the law

currently requires, the Agency can now request a hearing after ten (10) days.

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Chart 1. Current Notice Requirements – Initiating an Action by Child Support Agency.

Agency Receives

Application/

Referral

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Agency sends

letter to NCP

within 5

business days

NCP has 10

business days to

respond

If no response,

Agency sends

2nd letter

NCP has 5

business days to

respond

If no response,

Agency may

initiate Family

Court hearing

Chart 2. Proposed Notice Requirements – Initiating an Action by Child Support Agency.

Agency Receives

Application/

Referral

Agency meets

w/CP within 30

days

Agency sends

letter to NCP

within 7 days of

meeting with CP.

NCP has 10

business days to

respond

If no response,

Agency may

initiate Family

Court hearing

*CP = Custodial Parent. NCP = Non-Custodial Parent.

C. Requirements of the Petition. If the parents do not enter into a voluntary agreement, then a petition to

establish child support may be filed with the Family Court. Currently, the petition only requires the

name, date of birth and address of the petitioner and respondent and a separate form with the child’s

identifying information. These new amendments require more detailed information to be included on

the petition. This was added at the request of the Child Support Agency to reflect current petition forms

[7 O.C. 704.5-5(a)].

 New Information Required on Petition: Name, date of birth, address and tribal affiliation of the

petitioner and respondent; with whom the child currently resides; when and how paternity was

established; information regarding other children of the parties and the child support obligation for

those children; information about any state or tribal benefits either party receives; whether any

other action to determine child support is pending or has been entered by another court; financial

information such as the parties’ income; the relief the petitioner is requesting; and a separate

confidential form that includes the child’s identifying information.

D. Nondisclosure of Information in Protected Cases. A new provision has been added giving the Family

Court judge authority to limit access to the child or party’s address or other identifying information [7

O.C. 704.5-5(b)(1)(B)].

 Limiting Address or Identifying Information. The Family Court may limit disclosure if the health,

safety or liberty of a child or party would be unreasonably put at risk. This change was made to

address safety concerns for individuals who do not wish to have their address included in court

documents.

E. Child Support Hearings.

 Factual Determinations at Hearings. Currently, factual determinations made at child support

hearings are limited to “the income and expense information necessary to determine the appropriate

level of support” in accordance with the law. These amendments remove this limitation. Now,

factual determinations at child support hearings shall include, “but not be limited to,” income and

expense information [7 O.C. 704.6-1].

o Effect. The Family Court may make factual determinations on issues other than income

and expenses during a Child Support hearing. This is an expansion of the Family Court’s

authority during these particular hearings.

 Closed Hearings and Records for Child Support Cases. The current Child Support law already

states that Child Support Hearings in the Family Court are closed to anyone other than those

necessary to the action or proceeding. A new provision has been added stating that the records of

child support proceedings will also be kept confidential [7 O.C. 704.6-6].

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Confidential Case Records. Records may only be viewed by the parties, legal guardians,

the parties’ attorney or advocate, guardian ad litem, Judges and staff assigned to the case,

and those with written authorization from a party to view the material in the record.

o Existing Law. The Nation’s Rules of Civil Procedure already state: “At the request of any

party or on its own motion, the Court may seal any part of a case file, preventing public

disclosure. A file or part of a file may only be sealed where the safety of a party, witness

or other individual may be in jeopardy if the material is not placed under seal” [8 O.C.

803.32-2(b)(3)]. Now, rather than being optional, the court will automatically keep records

of child support cases confidential.

F. Authority of Family Court to Order Parent to Search for a Job or Participate in Job Training

Program. Typically, a child support order is based on a percentage of a parent’s income. When a

parent’s income is less than their earning capacity or unknown, the court may “impute,” or “estimate”

the parent’s earning capacity based on available evidence.

 Order Parent to Search for Job or Participate in Job Training. For these cases, a new provision

has been added allowing the Family Court to order a parent to search for a job or participate in a

work experience or job training program [7 O.C. 704.7-4(b)].

 Comparison to WI. This language is similar to updates made to Wisconsin (WI) regulations utilized

by county child support agencies. However, unlike WI, Oneida’s Family Court may order a job

search or job training program “in addition to” imputed income, rather than as “an alternative” to.

G. Formula for Determining Child Support Obligations When the Child Receives Social Security

Benefits. The Nation’s current Child Support law includes a provision to account for a child’s social

security benefits when calculating a parent’s child support obligation.

 Updates to Formula. These amendments add a new formula to specifically address sharedplacement parents whose child receives social security benefits. The intent of this new formula is

to ensure that Child Support orders accurately take this income into account in these unique cases

[7 O.C. 704.7-6(a)].

 Comparison to WI. This updated formula mirrors recent updates to Wisconsin regulations.

H. Claiming Children for Tax Purposes. A provision from Child Support Rule #1 regarding the

“dependency exemption” for federal tax purposes [1.3-7] is deleted. The dependency exemption was

eliminated by Congress as a result of the Tax Cuts and Jobs Act of 2017, also known as the “tax reform

bill.” In its place, these amendments add a new provision regarding claiming children for tax purposes

[7 O.C. 704.7-7].

 New provision. This new provision gives the Family Court authority to address who may claim a

child for tax purposes. It also gives the Family Court authority to accept a stipulation entered into

by the parties regarding children and taxes. This change was recommended by the Family Court

and Child Support Agency Attorney.

I. Determining Child Support for Serial Family Obligor. When one parent has multiple children in

separate families, that parent is known as a “serial family obligor.” In these cases, the court must

determine the order of the parent’s child support obligations, because the order determines how much

support is owed for each child.

 New Date for Non-Marital Children. For a non-marital child, the legal obligation for child support

will now be incurred on the date that paternity was legally established rather than the date that the

child support order is entered [7 O.C. 704.8-1(b)(2)]. This change was recommended by the

Agency to reflect their current practice and mirror Wisconsin regulations.

J. Determining Child Support for Shared-Placement Parents.

 Changes to Overnights and Equivalent Care. At the recommendation of the Agency, changes have

been made to how overnights and periods of equivalent care calculated. These changes now give

more consideration to periods of time a parent cares for the child that is not technically an overnight,

but where the court determines that a parent is still assuming basic support costs that are equivalent

o

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to what a parent would spend to care for that child overnight. These changes are consistent with

updates to Wisconsin regulations [7 O.C. 704.3-1(o) and 704.8-2(a)(1)].

o Effect. The number of overnights and periods of equivalent care are important in

determining the percentage of time each parent is caring for the child. That information is

one of the factors used by the Court to determine the amount of child support ordered for

shared placement parents.

 Change in Variable Costs. A new provision has been added that states that a change in the child’s

variable costs will not, in and of itself, be considered a “substantial change in circumstances” to

justify a modification of a child support order. These changes are consistent with updates to

Wisconsin regulations [7 O.C. 704.8-2(b)(7)].

o What are Variable Costs? “Variable costs” are the reasonable costs above basic support

costs incurred by or on behalf of a child, such as the cost of child care, tuition, special needs

or other activities [7 O.C. 704.3(mm)].

o Effect. In other words, a change to a child’s variable costs (such as child care) will not, by

itself, justify modifying the amount of a child support order. Ultimately, the decision as to

whether a change in circumstances justify modification of an order will be up to the Family

Court.

K. Determining Child Support Obligations of Split-Placement Parents. The formula for calculating child

support obligation for a split-placement parent has been clarified. The split-placement formula may be

applied when parents have two (2) or more children and each parent has placement of at least one, but

not all, of the children.

 Change to Formula. The Agency reported that the wording of the formula in the current rule [1.43] is unclear, resulting in different interpretations of how to calculate support in these cases. These

changes were recommended by the Agency to clarify the formula so that support is calculated

correctly and uniformly. [7 O.C. 704.8-3(b)].

L. Expression of Ordered Support. The Child Support amount must be expressed as a fixed sum. This

means that the child support order must include the specific dollar amount the parent is required to pay.

[7 O.C. 704.9-1].

 Option to Agree to Percentage Deleted. Previously, parents had the option to agree to a percentage

of the obligor’s income instead of a specific dollar amount if both parties agreed through a

stipulation. This option has been deleted. Oneida Child Support Agency reports that ordering a

specific dollar amount is the standard practice for child support orders.

 Modifying an Order. If the fixed sum in the child support order needs to be modified due to a

change in circumstances (for example, a change in income), the parties may request to modify the

child support order in accordance with the process included in this law [7 O.C. 704.10].

M. How to Send Income-Withholding Orders. After an order to withhold income has been issued, the

Child Support Agency is required to send a copy of the order to the obligor’s payor (typically their

employer) within three (3) business days. This notifies the payor to start withholding a portion of the

obligor’s income for child support.

 Method for Sending Orders. Previously, the law stated the order could be sent “by any business

method acceptable to the payor” and that the order is binding upon notice through service by

personal delivery or certified mail. Now the order can be sent “by mail, fax or electronic means.”

[7 O.C. 704.9-3(a)].

 Comparison to Other Agencies. Agencies in the state of Wisconsin send income withholding

notices by mail, fax or through the Electronic Income Withholding system known as “e-IWO.”

N. Non-Cash Payment Options. The current law states that non-cash payment options may be used to

satisfy part or all of a child support order if both parties and the Family Court agree to allow non-cash

payments. Examples of non-cash payments include clothing, groceries, child care, deer/venison, wood,

transportation and skilled trades and services. The list of non-cash options has been updated to add “gift

cards” at the recommendation of the Child Support Agency [7 O.C. 704.9-9(b)].

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Comparison. The Agency reports that tribal nations, such as Oneida, have the option to issue noncash support orders while county agencies in Wisconsin cannot.

O. Modification of Child Support Order. The language in this section has been clarified at the request of

the Agency to clearly state when and how a modification of a child support order may occur. There are

two ways that a Child Support order may be modified: [7 O.C. 704.10-2].

 Modification Sought by Agency. Every two (2) years, the Oneida Child Support Agency will

conduct a review of each child support order. If there is a substantial change in circumstances, the

Agency will request an order from the Family Court to modify the child support order.

o Comparison to WI. WI Child Support agencies review child support orders every 33

months. Oneida Child Support Agency reviews more often in an effort to ensure accurate

child support orders.

 Modification Sought by Parties. In addition to the two-year reviews automatically conducted by

the Agency, either parent may file a motion for modification of a child support order at any time if

there has been a substantial change in circumstances.

P. Substantial Change in Circumstance. In order to modify a child support order, there must be a

“substantial change in circumstance.” The law includes several examples of what qualifies as a

substantial change of circumstance, including a “significant change in finances” [7 O.C. 704.10-2].

 Change to “Significant Change in Finances.”

o Current Definition. The current law states that “a significant change in finances” that

would lead to a change in child support is “more than fifteen percent (15%) or fifty dollars

($50.00) per month.”

o Proposed Definition. In the amendments, this has been changed to “more than fifteen

percent (15%) and fifty dollars ($50.00) per month.” [704.10-2(b) and 704.3-1(oo)].

 Effect. This change sets a higher threshold to modify a child support order. This means that small

changes in finances that do not meet both thresholds will not justify changing a child support order.

This change was requested by the Oneida Child Support Agency.

Q. Modification of Child Support for Incarcerated Parent. A new section regarding incarcerated parents

has been added to the law. This new provision allows for the temporary suspension or modification of

a child support order for an incarcerated parent who has been sentenced to at least one hundred and

eighty (180) days in jail or prison. In other words, the incarcerated parent will not be required to make

child support payments (or may make smaller child support payments) while they are serving time in

jail or prison [7 O.C. 704.11].

 Who Qualifies for Modification of Child Support Order? An obligor who has been sentenced to

180 days or more in jail or prison. The obligor must notify the Agency of his or her incarceration.

The obligor’s income level while incarcerated will determine whether the order is suspended or

modified [7 O.C. 704.11-1]:

o Temporary Suspension: If the obligor has an income of less than $200 dollars per month,

the Child Support order may be temporarily suspended.

o Temporary Modification: If the obligor has an income of $200 per month or more, the

Child Support order may be temporarily modified based on the obligor’s income.

 Example: An obligor who continues to receive large per capita payments while

incarcerated or who participates in a work release program.

o Exceptions. Child Support orders will not be suspended for individuals incarcerated for the

following crimes, regardless of the length of sentence or monthly income:

 Felony failure to pay support;

 Crime against a child; or

 Crime against the obligee (i.e., the other parent).

o Past Due Arrears. Past due child support debt or arrears will not be suspended or reduced

without stipulation (agreement) by both parties. In other words, incarceration does not wipe

out any previous child support debt incurred before being sentenced to jail or prison.

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Why Modify Child Support Orders for Incarcerated Parents?

Incarcerated parents have little or no ability to earn income during their sentence. This results in

accumulation of high levels of child support debt. The Office of Child Support Enforcement

(OFCSE) reports that incarcerated parents leave prison with an average of $20,000 or more in

unpaid child support with no means to pay upon release. “This accumulated child support debt

is rarely paid.”

The goal of child support is to increase consistent child support payments for children by setting

realistic orders based on the parent’s ability to pay. OFCSE reports that “setting and modifying

realistic child support obligations for incarcerated parents can improve their ability to provide

consistent support for their children upon release from prison… Formerly incarcerated parents

will be more likely to meet their child support obligations, benefitting their children by

improving child support compliance and reliability.”

In addition, setting realistic child support orders may also reduce “underground employment

activity” and increase contact between children and their parents. According to the Office of

Child Support Enforcement, “children do not benefit when their parents engage in a cycle of

nonpayment, underground income generation, and re-incarceration.”

On December 20, 2016, the OFCSE issued federal rule AT-16-06, “Flexibility, Efficiency, and

Modernization in Child Support Enforcement Actions,” which created a standard process for the

suspension or modification of child support orders for incarcerated parents. Since then, child

support agencies and courts nationwide have implemented this rule.

The Oneida Family Court already modifies child support orders for incarcerated parents. The

Oneida Child Support Agency supports incorporating this process into Oneida Nation’s Child

Support Law. The intent of adding a standard process to the Nation’s Child Support law is to

ensure that all incarcerated parents and impacted parties are treated uniformly.

Source: Final Rule Fact Sheets: Flexibility, Efficiency and Modernization in Child Support

Enforcement Programs. Office of Child Support Enforcement, Administration for Children and

Families, U.S. Dept. of Health and Human Services. January 5, 2017. DCL-17-01.

https://www.acf.hhs.gov/sites/default/files/programs/css/fem_final_rule_incarceration.pdf

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What is the Process to Suspend or Modify the Order? The Agency will use the following process

to suspend or modify child support orders for incarcerated obligors:

o Notice to Both Parties. Within fifteen (15) business days of receiving verification of the

obligor’s incarceration, the Agency will send notice to both parties informing them of the

obligor’s right to have his or her child support obligation reviewed, and the Agency’s intent

to review the order [7 O.C. 704.11-2].

o Agency Review. The agency will review the incarcerated obligor’s child support order and

determine whether the obligor’s monthly income is less than or greater than $200 per

month while incarcerated [7 O.C. 704.11-3].

o Suspension of Order by Agency. If the obligor is sentenced to 180 days or greater with an

income of less than $200 per month, the Agency will file a motion and order to suspend

with the Family Court without a request for a hearing [7 O.C. 704.11-4].

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o

Notice & Right to Object. Notice shall be sent to all parties. Either party may file

written objection with the Family Court within ten (10) business days. If no

objection is received, the Family Court will enter the order as proposed. If an

objection is received, the Family Court will hold a hearing on the issue.

Modification of Order by Agency. If the obligor is sentenced to 180 days or greater with an

income of $200 per month or more, the Agency will file a motion with the Family Court

to modify the child support order [7 O.C. 704.11-5].

 Notice & Right to Object. The Family Court will schedule a hearing and the

Agency will provide notice to all parties at least ten (10) business days prior to the

hearing.

Chart 3. Modifying or Suspending Child Support Order for Incarcerated Parent

Agency notified

obligor sentenced to

180 days or more

incarceration

Agency sends

notification of

review to both

parties within 15

business days

Agency reviews

obligor’s child

support order

If no objection

received, Family

Court enters

suspension.

Obligor’s income

while incarcerated

is less than $200 per

month

Agency seeks temporary

suspension of child

support order while

incarcerated (no hearing)

Agency notifies both

parties

Either party has right

to object within 10

business days

If either party

objects, Family

Court schedules

hearing on the issue

Obligor’s income

while incarcerated is

$200 per month or

more

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Agency seeks temporary

modification of child

support order while

incarcerated

(hearing scheduled)

Agency notifies both

parties at least 10

days prior to hearing

How is the Original Child Support Order Reinstated after the Incarcerated Parent is Released?

Sixty (60) days after the obligor is released from jail or prison, the original child support order prior

to the individual’s incarceration will be reinstated by the Agency. [7 O.C. 704.11-8].

 What Happens if the Obligor’s Probation or Extended Supervision is Revoked? If the obligor is

released from incarceration and is later sentenced to another one hundred and eighty (180) days or

more in jail or prison, the Agency will use the provisions of this section to determine if another

suspension or modification of the child support order is appropriate [7 O.C. 704.11-9].

R. Compliance Plans. At any point when the Agency believes an obligor is or may become non-compliant

with their child support payments, the Agency can work with the obligor to develop a compliance plan.

 Purpose of Compliance Plan. The purpose of a compliance plan is to address barriers to making

regular payments so that a parent can once again make regular payments and meet their child

support obligations [7 O.C. 704.12].

 Components of Compliance Plan. A compliance plan may include requirements to participate in

employment and training programs, social service and mental health services, physical and learning

disability programs, tribal traditions and customs, and family counseling. The agency may suspend

enforcement actions if the party successfully completes the compliance plan. Failure to complete

the compliance plan will result in enforcement action [7 O.C. 704.12-2(c)].

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New Components. These amendments add parenting programs and “any other programs

deemed necessary” to the list of acceptable programs that can be included in a compliance

plan. The intent is to increase flexibility for the Oneida Child Support Agency to address

unique needs of each obligor.

Changes to Timelines and Notice Letters. The following changes have been made to more

accurately reflect the Child Support Agency’s practices regarding notices and timelines for

initiating compliance plans [7 O.C. 704.12].

o

Chart 4. Notice and Timelines for Compliance Plans.

Current Law

When is first letter sent?

Within five (5) days of

learning of the obligor’s

failure to pay.

How many days to

respond to first letter?

Agency required to send a

2nd letter?

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Five (5) days.

Proposed Amendments

At any time deemed

appropriate, but at least thirty

(30) days prior to initiating

any enforcement action.

Five (5) days.

Yes, agency must send a 2nd

letter regarding the

compliance plan.

No, agency not required to

send a 2nd letter regarding the

compliance plan.

S. Notice of Delinquency and Notice of Enforcement. When an obligor fails to make their ordered child

support payments, the Agency is required to send notices to the obligor informing them that they are

delinquent. The Oneida Child Support Agency uses a state software system known as “KIDS” to

monitor child support payments and arrears. This system allows the Agency to track and send notices

to delinquent obligors. The Agency suggested the following changes to the notices to more accurately

reflect their practices and ensure compliance:

 Notice of Delinquency: The Agency will send this notice to an obligor in the event that the obligor

owes a debt equal to or exceeding the monthly amount. In other words, if the obligor is a month

behind on their payments. This notice will include the total amount of the delinquency and the

enforcement action that may be taken if they do not pay [7 O.C. 704.13-3].

 Notice of Enforcement Action. The Agency will send this notice after the “Notice of Delinquency”

and at least twenty (20) days prior to an enforcement action being used against an obligor. This

notice is more detailed, and will include the total amount of the delinquency, the enforcement action

that may be taken, notice that the obligor may request to negotiate an alternative payment plan

within ten (10) business days in order to stay an enforcement action, and notice that the obligor has

ten (10) business days to file an objection [7 O.C. 704.13-4].

 Use of Mail for Notices. The Agency is required to send notices to the last known-mailing address

provided by the obligor. If notice to that address is returned undeliverable, the Agency must send

notice to the current employer’s mailing address provided by the obligor. If that notice is also

returned, the Agency is then required to use all resources available to identify the obligor’s current

mailing address before they can proceed with an enforcement action [7 O.C. 704.13-5].

o Time frame. Currently, Agency must spend at least sixty (60) days attempting to identify

an obligor’s current mailing address before they can proceed with an enforcement action

[2.4-3 in Rule #2]. These amendments shorten this timeframe to thirty (30) days. This

means that the Agency will be able to use enforcement actions more quickly in cases where

the obligor’s address cannot be determined.

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Chart 5. Notice of Delinquency & Notice of Enforcement Prior to Enforcement Action.

Obligor owes debt

equal to or

exceeding monthly

support amount

Agency sends

Notice of

Delinquency

Obligor still

delinquent

Agency sends

Notice of

Enforcement

Action at least 20

days prior to using

enforcement action

Obligor fails to

respond

Agency may use

enforcement action

in accordance with

7 O.C. 704.15

Obligor responds

Obligor negotiates

alternative

payment plan or

files an objection

Obligor has 10 business

days to negotiate

alternative payment plan

or file an objection

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T. Alternative Payment Plans.

 Obligors with Cases in Multiple Jurisdictions. A provision in the law regarding obligors that

negotiate alternative payment plans in other jurisdictions (i.e., other County or Tribal child support

agencies) has been deleted. This provision informs the reader of requirements of other agencies.

The Law Office advises that this is unnecessary within the law and can be incorporated into the

Child Support Agency’s internal processes [2.9-10 in Rule #2].

 Amount of Payment Required to Suspend Enforcement Action. Currently, the law states that if an

obligor makes a “full” arrears payment, an administrative enforcement action will be suspended.

This has been changed to “an arrears payment agreeable to the Agency.” The Agency does not

require a “full” arrears payment, as this may be tens of thousands of dollars. The Agency may

suspend enforcement action in cases where partial payments are made and may work with obligors

in arrears to establish alternative payment plans [7 O.C. 704.14-6(a)].

U. Administrative Enforcement Actions. The current Child Support law already contains enforcement

actions the Agency has the authority to use if the obligor is at least one (1) month delinquent in paying

his or her child support obligations. These current enforcement actions are listed below, with any

changes noted: [7 O.C. 704.15].

 Liens. The Agency will place the obligor on the lien docket if the obligor owes a debt equal to or

exceeding the monthly amount due or five hundred ($500) dollars, whichever is greater [7 O.C.

704.15-2].

 Seizure of Property. The Agency has the authority to seizure property, including accounts and

personal property. The Agency may initiate account seizure if the lien amount in the obligor’s case

equal or exceeds 300% of the monthly amount due or one thousand dollars ($1000), whichever is

greater. The Agency may initiate seizure of personal property if the lien amount equals or exceeds

600% of the monthly amount due [7 O.C. 704.15-3].

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Attachment of Per Capita Payments. The Agency may initiate the attachment or seizure of per

capita payments of members of the Nation in accordance with the Nation’s Per Capita law [7 O.C.

704.15-4].

 License Suspension. The Agency may initiate the suspension or denial of both state and Oneida

issued licenses if there is a lien against an obligor that equals or exceeds 300% of the monthly

amount due or one thousand dollars ($1000), whichever is greater [7 O.C. 704.15-5].

o Types of licenses: The types of licenses that the Agency may initiate suspension or denial

of include, but are not limited to, vendor, professional, occupational, hunting, fishing,

recreational and/or motor vehicle licenses.

o Change to License Suspension as Last Resort: A provision stating that “suspension of an

occupational and/or motor vehicle license shall be pursued only as a last resort” has been

deleted [2-7(2)(a) in Rule #2]. This will give the Agency the ability to pursue license

suspension more readily.

 Lump-Sum Pension Payments, Judgments and Settlement Intercepts. Once an obligor has been

placed on the lien docket, the Agency may initiate the intercept of lump-sum pension payments,

judgments and/or settlements [7 O.C. 704.15-6].

 Tax and Lottery Intercepts. The Agency may coordinate with federal or state agencies to enforce a

child support order through tax or lottery intercept [7 O.C. 704.15-7].

 Passport Denial. If a federal tax intercept is in place and the obligor owes $2500 or more in arrears,

an obligor may be denied a passport [7 O.C. 704.15-8].

o Change to Threshold. The threshold for denying a passport has been lowered from $5,000

to $2,500 to be consistent with recent changes to this threshold by the federal government.

This allows this enforcement tool to be used more readily.

 Denial of State Issued Grants and Loans.

o Deleted Provision. A provision stating that Wisconsin state agencies may deny state-issued

grants and loans has been deleted. The Law Office recommended deleting this item as it

was unnecessary, as it is informing the reader of what the State of Wisconsin, not Oneida

Nation, may do [2.5-6 in Rule #2].

V. Contempt. In addition to the administrative actions listed above, the current child Support Law also

gives the Family Court authority to order certain enforcement actions. An obligor who disobeys a lawful

child support order will be subject to punishment for contempt of court. A definition for “contempt”

has been added, which means “a willful disregard of the authority of the court or disobedience to its

lawful orders” [7 O.C. 704.3-1(j)]. The following enforcement actions already appear in the current

law but have now been moved under the “Contempt” section. The intent is to clarify that the obligor

must first be found in contempt by the Family Court before the court can proceed with the following

enforcement actions:

 Community Service. The Family Court may order an obligor to perform community service [7 O.C.

704.16-2(a)].

 Fines. An obligor found in contempt of court may be fined no more than $1,000 per act of contempt,

not to exceed $5,000 in total [7 O.C. 704.16-2(b)].

 Incarceration. The Family Court may order an obligor to be incarcerated. Before a jail sentence is

imposed, the Family Court may provide other conditions that require a certain amount of money

be paid or action be taken for an obligor to avoid incarceration [7 O.C. 704.16-2(c)].

o Current Practice. The current law allows for the Family Court to order an obligor to be

incarcerated. However, in practice, the Family Court has never sentenced an obligor to jail

because the Oneida Nation has no jail and does not have agreements in place with other

jails to house individuals sentenced under this law. For more information see Section 9

“Other Considerations.”

 Criminal Non-Support. A criminal non-support action may be initiated, in the appropriate county,

against an obligor who has the ability to pay child support and willfully or intentionally failed to

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pay. The Agency reports that criminal non-support is rarely used in Brown and Outagamie counties

[7 O.C. 704.16-2(d)].

 Bonds and Other Guarantees. The Family Court may order an obligor to provide a bond or

guarantee if income withholding is not applicable or practical [7 O.C. 704.16-2(e)].

 Claims Against Estates. The Family Court may approve a claim for past and future support against

an obligor’s estate or issue a restraining order against an estate that an obligor is set to inherit [7

O.C. 704.16-2(f)].

W. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the law

for clarity.

SECTION 6. RELATED LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in the Child Support law.

These amendments do not conflict with any of the referenced laws.

 Per Capita law. The Child Support Agency may initiate the attachment or/seizure of per capita

payments of members of the Nation in accordance with the Per Capita law [7 O.C. 704.15-4].

 Oneida Judiciary Rules of Civil Procedure. The Family Court may utilize discovery procedures

and contempt powers as authorized by any law, policy, or rule of the Nation to obtain information

relevant to the establishment or enforcement of child support [7 O.C. 704.6-2].

 Rules of Appellate Procedure. A party may appeal a Family Court decision, other than the decision

of the Family Court in regard to administrative enforcement action, to the Nation’s Court of

Appeals within thirty (30) calendar days after the date the Family Court made the decision. The

review of the Court of Appeals shall be based on the record and original decision of the Family

Court [7 O.C. 704.18].

B. Other Laws that Reference Child Support. The following laws of the Nation reference child support.

These amendments do not conflict with any of the referenced laws, except for one potential discrepancy

in the Family Court law.

 Family Court law. The Family Court law states that proceedings of the Court shall be closed to the

public, except that divorce, child support and post-divorce matters may be attended by members of

the general public. However, in any case where the presiding Judge determines that there are safety

or confidentiality concerns, the Judge may exclude from the proceedings all individuals not

necessarily present as parties of witnesses [8 O.C. 806.4-3].

o Comparison to Child Support law. The Family Court law states that child support matters

may be attended by members of the general public, unless the presiding judge determines

that there are safety or confidentiality concerns. However, the current Child Support law

(and the proposed amendments) state that Child Support proceedings shall be closed to any

person other than those necessary to the action or proceeding [7 O.C. 704.6-5 in current

Child Support law]. The Family Court law was adopted by the OBC on May 8th, 2013,

while the current Child Support law was adopted more recently, on August 13, 2014.

o Current Practice. The Family Court reports that child support hearings are currently closed

in accordance with the Child Support law.

o Conclusion: In reviewing amendments to this law, the LOC has expressed that they wish

to protect the privacy of matters involving children. Given the inconsistent language

between the two laws, the LOC may wish to amend the Family Court law to match the

hearing provisions in the Child Support law and the Family Court’s current practice. Since

the Family Court law is not currently on the LOC’s Active Files List, the LOC could direct

the Legislative Reference Office to make note of this discrepancy the next time the Family

Court law comes up for amendments.

 Family Court Rules.

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Family Court Rule #5 – Paternity Procedure. If genetic testing results establish an alleged

father as the biological father, the Family Court may address the issue of Child Support at

a final paternity hearing [8 O.C. 807].

o Family Court Rule #12 – Foreign Child Support orders. Requests, motions or petitions

seeking recognition and enforcement of a foreign child support order is governed by this

rule when filed under the Nation’s Child Support Law or Garnishment law. The rule

outlines the process for sending notice of the filing, filing objections, requesting a hearing,

and authenticating the foreign order [8 O.C. 807].

Workers Compensation Law. Workers compensation awards are subject to child support income

withholding and other remedies available for the support of a child support order. The maximum

amount that may be withheld is one-half of the compensation award. [2 O.C 203.7-4].

Garnishment Law.

o Garnishment Amount. In calculating the amount of the garnishment per pay period, the

judge may not include amounts garnished pursuant to child support orders when calculating

twenty (20%) of the debtor’s disposable earnings [2 O.C. 205.5-6(c)(1) and 205.6-4(a)(2)].

o Recognition and Enforcement of Child Support Orders. The Judiciary shall recognize and

enforce child support orders against any employee, provided that the order has been issued

from a court of competent jurisdiction. [2 O.C. 204.7].

Paternity Law. The Paternity law outlines the process to establish paternity of Oneida children and

other children in order to protect the best interest of these children. The duties and responsibilities

of the Child Support Agency in the establishment of paternity through order of the Oneida Family

Court are outlined in the Paternity law. The Child Support Agency, when required by federal law,

may file a petition requesting the court to establish paternity or other related orders. The Child

Support Agency may also assist a party who is filing a petition to establish the paternity of a child

[see 7 O.C. 703.6].

o Commencing a Custody Proceeding. A child custody proceeding is commenced by a parent

by filing a petition to: (a) seek custody of a child, (b) establish the paternity of a child; (c)

establish a child support order…” [see 7 O.C. 705.6-1]

o Peacemaking and Mediation. Child support shall not be considered during mediation

unless child support is directly related to the legal custody or physical placement of the

child and the parties agree, in writing, to consider child support. [see 7 O.C. 705.7-3(b)].

Per Capita Law. Per capita payments may be attached for child support arrears ordered by a court

of competent jurisdiction, such as the Oneida Family Court. The Per Capita law includes a process

for how child support attachments are handled by the Agency and Trust Enrollment Department.

[1 O.C. 123.4-9(a)(1) and 1 O.C. 123.4-9(c)].

Children’s Code. At the time this analysis was drafted, the Nation’s Children’s Code was not

scheduled to become effective until October 1, 2019.

o Indian Child Welfare Department Duties. One of the duties of the Indian Child Welfare

Department is to enter into memorandums of understanding and/or agreements with

appropriate departments, including the Oneida Child Support Agency, in order to carry out

the provisions of the Children’s Code. [7 O.C. 708.7-2(e)].

o Referrals to Oneida Child Support. The Family Court or Indian Child Welfare Department

may refer matters to the Oneida Child Support Agency at any time. [7 O.C. 708.13-3 &

13-4].

o Indian Child Welfare Disposition Report. If the ICW Department recommends out-ofhome placement, the ICW Department must include in its disposition report a

recommendation as to whether the Family Court should establish child support obligation

for the parents. [7 O.C. 708.21-2(b)].

o Termination of Parental Rights. The Family Court may dismiss a petition if it finds the

evidence does not warrant the termination of parental rights or if the Court finds that a

o

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parent is attempting to voluntarily terminate their parental rights for the sole purpose of

avoiding a child support obligation. [7 O.C. 708.40-2(a)].

Divorce, Annulment and Legal Separation.

o Petitions. Petitions for divorce, annulment or legal separation must state whether the parties

have entered into any written agreement as to child support, and if so, the written agreement

must be attached [7 O.C. 702.5-1(g)].

o Legal Separation and Divorce. After an action for an annulment, legal separation or

divorce is initiated, the Family Court shall make any necessary temporary order concerning

child support. Final orders concerning child support shall be made at the time the

annulment, legal separation or divorce is granted. [7 O.C. 702.8-4].

Child Custody, Placement and Visitation.

o Commencement of Proceeding. A child custody proceeding may be commenced under the

Child Custody, Placement and Visitation play by a parent filing a petition to seek custody

of a child, establish the paternity of a child, or establish a child support order. [7 O.C.

705.6-1].

o Mediation. If parties agree to mediation under the Child Custody, Placement and Visitation

law, child support shall not be considered during mediation unless child support is directly

related to legal custody or physical placement of the child and the parties agree, in writing,

to consider child support. [7 O.C. 705.7-3(b)].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. New Rights and Privileges for Incarcerated Parents. Parents sentenced to incarceration for greater

than one hundred and eighty (180) days will now have the right to have their child support orders

modified or suspended under certain circumstances. Parties have the right to object to modification or

suspension of an order and request a hearing on the matter [7 O.C. 704.11].

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

A. Enforcement Tools. Under the current Child Support law, the Oneida Child Support Agency and

Oneida Family Court have a number of administrative and judicial enforcement tools to enforce child

support orders. These include:

 Administrative (Agency) Enforcement Tools: Liens, Seizure of Property including account seizure

and personal property, attachment of per capita payments, license suspension, pension, judgment

and settlement intercepts, tax and lottery intercepts and passport denial [7 O.C. 704.15].

 Judicial Enforcement Tools: Bonds and other guarantees, claims against estates, contempt,

community service, incarceration and criminal non-support [7 O.C. 704.16].

SECTION 9. OTHER CONSIDERATIONS

A. Child Support Collection Rates by Agency. The following provides examples of collection rates for

country and tribal child support agencies as of July 2018:

Chart 6. Child Support Collection Rates by Agency:

County or Tribal

Court Cases with

Court Cases with

Agency

Current Support

Current Support

Ordered

Payments

Oneida Nation

937

471

Lac du

256

78

Flambeau

Menominee

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Nation

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Collection Rate

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Calumet County 1019

828

Ho Chunk

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Nation

Source: Oneida Child Support Agency, August 2018.

60.29%

73.67%

81.26%

89.66%

B. Repeal of Child Support Rules No. 1 and 2. Child Support Law Rule No. 1 – Deviation from Child

Support and Child Support Law Rule No. 2 – Enforcement Tools have now been incorporated into the

body of the law itself. Therefore, the two rules will be repealed upon adoption of these amendments as

they will become redundant.

 Conclusion: The repeal of the Child Support Law Rules No. 1 and No. 2 is included in the adopting

resolution for these amendments.

C. Paternity Law. During the development of these amendments, the Oneida Child Support Agency noted

that updates to the Nation’s Paternity law may be needed. The establishment of paternity is an important

step in setting child support orders. The Nation’s Paternity law was last amended by the Oneida

Business Committee in 2014.

 Recommendation: If the Oneida Child Support Agency wishes to request amendments to the

Paternity law, it is recommended that the agency submit an Active Files Request to the LOC.

D. Potential Enforcement Tools Considered and Not Added. During the development of these

amendments, the LOC and Child Support Agency researched potential new enforcement tools to

increase collection of child support orders. After reviewing the research and feedback from

departments, the LOC decided not to move forward with adding these new tools to the law. The

potential enforcement tools considered included:

 Immobilization of Vehicles. Authorizing the Family Court or Child Support Agency to direct

Oneida Police Department to place a “boot” or “wheel lock” on an obligor’s vehicle to immobilize

it. The obligor would then have to contact the Agency to make a payment or negotiate a plan to

have the “boot” removed.

 “Pocket Pulls.” Ordering an obligor to empty his or her pockets while in Oneida Nation’s court.

 “Till Taps.” Seizing money from an obligor’s business if it is located on the Reservation.

E. Incarceration. The current Child Support law already allows the Family Court to sentence parents who

are delinquent in their child support payments to jail time. However, this authority has never been used

by the Family Court. This is because, unlike Wisconsin counties or other tribal nations, the Oneida

Nation does not have any jail facilities. The Agency reports that delinquent obligors with cases in the

Oneida Child Support system are aware that, unlike other courts, Oneida Nation’s Family Court cannot

send them to jail for failing to pay their child support.

 Incarceration as a Tool to Encourage Compliance. While the goal of the Child Support Agency is

not to send anyone to jail, the threat of jail time may motivate obligors to make payments in the

most egregious of cases. For example, cases where a parent is known to be earning money on a

cash basis and all previous attempts to compel payments or negotiate an agreement have failed. In

these cases, delinquent obligors could be ordered to make a partial payment or meet with the Child

Support Agency to develop an alternative payment plan or else be sentenced to jail [7 O.C. 704.162(c)].

 Agreement for Housing Inmates: The Family Court reports that it will not sentence individuals to

jail without an agreement in place with another jail to house our inmates. Therefore, in order for

the Family Court to use incarceration as an enforcement tool, agreements must be developed

between the Nation and Brown and/or Outagamie counties to utilize their jail facilities. The Agency

is aware of examples of other Wisconsin tribes establishing similar agreements with other counties.

The Oneida Business Committee previously established a workgroup including Intergovernmental

Affairs and the Law Office to explore potential agreements with Brown and Outagamie counties.

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Conclusion: The current Child Support law already authorizes the Family Court to use incarceration

as an enforcement tool in Child Support cases. However, this feature of the law cannot be used

unless an agreement is developed between the Nation and Brown and/or Outagamie County to

utilize their jail facilities. Whether to pursue such an agreement is policy decision for the the Oneida

Business Committee.

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Title 7. Children, Elders and Family - Chapter 704

CHILD SUPPORT

shakoti>nuk&=lale> latiksash&ha>

They watch over the children

CHILD SUPPORT

704.1. Purpose and Policy

704.2. Adoption, Amendment, Repeal, Other Laws and Agency

Rules

704.3. Definitions

704.4. Jurisdiction

704.5. Initiating an Action for Child Support Orders

704.6. Child Support Hearing Procedures

704.7. Determining the Child Support Obligation Determination

704.8. Determining the Child Support Obligation in Special

Circumstances Content and Effect of Order

704.9. Enforcement of Child Support Order

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704.10. Modification of a Child Support Order

704.11. Modification of a Child Support Order for an Incarcerated

Parent Full Faith and Credit for Foreign Child Support Orders

704.12. Compliance Plan Right of Appeal

704.13. Enforcement of an Order

704.14. Alternative Payment Plans

704.15. Administrative Enforcement Action

704.16. Family Court Contempt Enforcement Action

704.17. Full Faith and Credit for Foreign Child Support Orders

704.18. Right of Appeal

704.1. Purpose and Policy

704.1-1. Purpose. The purposes of this law areis to:

(a) Establish the legal responsibility of parents to provide financially for their children’s

general well-being;

(b) Make support payments more equitable by ensuring consistent treatment of persons in

similar circumstances;

(c) Make support payments based on the real earning capability of parents; and

(d) Improve the efficiency of child support establishment and enforcement.

704.1-2. Policy. It is the policy of this law to:

(a) establish an adequate standard of support for children whose paternity has been

established or acknowledged.;

(b) encourage the use of voluntary agreements stipulations to resolve disputes over child

support obligations.; and

(c) limit the use and disclosure of personal information received or maintained by the

Nation’s Family Court and/or the Oneida Tribe Nation Child Support Agency in order to

protect the privacy rights of all parties and children who are involved in proceedings or

actions under this law.

704.2. Adoption, Amendment, Repeal, Other Laws and Agency Rules

704.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-24-09-B

and amended by resolutions BC-02-24-10-G, BC-02-23-11-E, BC-06-22-11-K, BC-10-10-12-C,

andBC-08-13-14-E, and BC-__-__-__-__.

704.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative

Procedures Act or repealed by the Oneida Business Committee or the Oneida General Tribal

Council pursuant to the procedures set out in the Legislative Procedures Act.

704.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

704.2-4. In the event of a conflict between a provision of this law and a provision of another law,

ordinance, policy, regulation, rule, resolution, or motion, the provisions of this law shall control.

7 O.C. 704 – Page 1

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Provided that, nothing in this law is intended to repeal or modify any existing law, ordinance,

policy, regulation, rule, resolution or motion.

704.2-5. This law is adopted under authority of the Constitution of the Oneida Nation Tribe of

Indians of Wisconsin.

704.2-6. Any Agency requirements which would affect individuals outside the Agency and do not

relate to the internal management of the Agency shall require Oneida Business Committee

approval in the form of a law or rule.

704.3. Definitions

704.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Administrative enforcement action” means enforcement actions taken by the Oneida

Nation Child Support Agency authorized by federal regulations which are taken to enforce

a child support order without obtaining an order from the Family Court.

(b) “Agency” shall mean means the Oneida Nation Tribe Child Support Agency

established to administer and supervise the Nation’s Tribe’s child support enforcement

program.

(c) “Alternative payment plan” or “plan” means a negotiated agreement between the

Agency and an obligor, or an order set by the Family Court, to establish terms and

conditions for the payment of arrears.

(d) “Basic support costs” means food, shelter, clothing, transportation, personal care, and

incidental recreational costs.

(e) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays recognized by the Nation.

(f) “Child” shall mean means a biological natural or adopted child of the obligor under the

age of eighteen (18), or any person who is less than nineteen (19) years old if he or she is

pursuing a high school diploma or its equivalent from an accredited course of instruction.

(g) “Child support” means the total financial obligation a parent has towards his or her

child as established through judicial and/or administrative processes.

(h) “Child Support Obligation of Low-Income Payers Schedule” means the Wisconsin

Department of Children and Families Child Support Obligation of Low-Income Payers at

the Federal Poverty Guidelines, found in DCF 150 Appendix C.

(i) “Child support order” shall mean means a judgment of the Family Court or a court of

competent jurisdiction ordering payment of child support which provides monetary

support, health care, arrearages, or reimbursement, and which may include related costs

and fees, interest and penalties, income withholding, attorney’s’ fees and other relief.

(e) “Clerk” shall mean the designated clerk in the Family Court who is identified to carry

out certain provisions in this law.

(j) “Contempt” means a willful disregard of the authority of a court or disobedience to its

lawful orders.

(k) “Current six (6) month treasury bill rate” means the yield of a U.S. government security

with a term of six (6) months.

(l) “Custodial parent” shall mean means the parent who exercises physical custody of the

child pursuant to a custody order, on the basis of agreement between the parents or in the

absence of one parent. A legal guardian with primary physical custody of the child or

children and standing in the position of the parent shall have the same rights to child support

as a custodial parent.

7 O.C. 704 – Page 2

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(m) “Employer” shall mean means any individual, business, government, institution, or

other entity paying wages to one or more employees.

(n) “Equity” means the fair market value of property minus the liens on that property with

priority over the child support lien.

(o) “Equivalent care” means a period of time during which the parent cares for the child

that is not overnight, but is determined by the court to require the parent to assume the

basic support costs that are substantially equivalent to what the parent would spend to care

for the child overnight. Blocks of time with the child of at least six (6) hours may be

considered the equivalent of a half-day if a meal is provided during that time period. Two

(2) half-day blocks may be considered the equivalent of an overnight.

(p) “Family Court” shall mean means the judicial arm branch of the Tribe Nation’s

Judiciary that is designated to handle all matters under this Law related to the family and/or

children.

(q) “Gross income” shall mean means any form of payment due to an individual regardless

of source, including, but not limited to:

(1) Salary and wages, including overtime pay;

(2) Interest and investment income;

(3) Social Security disability and old age insurance benefits under 42 U.S.C. §401

to 433;

(4) Net proceeds resulting from worker’s compensation or other personal injury

awards intended to replace income;

(5) Unemployment insurance;

(6) Income continuation benefits;

(7) Voluntary deferred compensation and voluntary employee contributions to the

following: employee benefit plan, profit-sharing, pension or retirement account;

(8) Military allowances and veterans disability compensation benefits;

(9) Undistributed income of a corporation or any partnership in which the parent

has an ownership interest sufficient to individually exercise control or to access the

earnings of the business, unless the income included is an asset;

(10) Per capita distribution payments;

(11) Lease or rental income;

(12) Prizes over one thousand dollars ($1,000); and

(13) All other income, whether taxable or not, except that gross income does not

include any of the following:

(A) Child support;

(B) Foster care payments;

(C) Kinship care payments;

(D) Public assistance benefits, except that child care subsidy payments shall

be considered income to a child care provider;

(E) Food stamps;

(F) Public assistance or financial hardship payments paid by a county or a

tribe Nation;

(G) Supplemental Security Income under 42 U.S.C. §1381 to 1383(f) and

state supplemental payments; or

(H) Payments made for social services.

(r) “Guardian ad litem” means a person appointed by the Family Court to appear at any

peacemaking, mediation, or hearing and tasked with representing the best interest of the

person appointed for.

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(s) “Immediate family member” means an individual’s husband, wife, mother, father, stepmother, step-father, son, daughter, step-son, step-daughter, brother, sister, step-brother,

step-sister, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-inlaw, brother-in-law or sister-in-law and any of the these relations attained through legal

adoption.

(t) “Income withholding” means the process whereby a court order, Family Court order,

or voluntary wage assignment directs an employer, bank, or agent holding monies or

property of an obligor, to make payments or deliver property to satisfy a child support

obligation.

(u) “Intact family” means a family in which the child or children and the obligor reside in

the same household and the obligor shares his or her income directly with the child or

children and has a legal obligation to support the child or children.

(v) “Legally incompetent adult” shall mean means a person at least eighteen (18) years old

who has been declared incompetent by a court of competent jurisdiction because he or she

is temporarily or permanently impaired to the extent that the person lacks sufficient

understanding to make or communicate responsible personal decisions.

(w) “Lien amount” means the difference between the monthly amount of support due and

the arrears in a case.

(x) “Lien docket” means the registry kept by the State of Wisconsin containing the names

of people who owe past-due child support.

(y) “Low-income obligor” means an obligor for whom the Family Court uses the monthly

support amount provided in the schedule in Appendix A the Child Support Obligation of

Low-Income Payers Schedule based on the Family Court’s determination that the obligor’s

total economic circumstances limit his or her ability to pay support at the level provided

under 704.7-2(a) standard percentages and the obligor’s income is at a level set forth in the

schedule in Appendix A the Child Support Obligation of Low-Income Payers Schedule.

(z) “Marital child” means a child born during the marriage of his or her parents. In

addition, if the father and mother of a non-marital child enter into a lawful marriage or a

marriage which appears and they believe is lawful, except where the parental rights of the

mother were terminated before either of these circumstances, the child becomes a marital

child and shall enjoy all of the rights and privileges of a marital child as if he or she had

been born during the marriage of the parents. The children of all marriages declared void

under the law are nevertheless marital children.

(aa) “Monthly iIncome” shall mean means the obligor’s annual gross income or, if

applicable, the obligor’s annual income modified for business expenses; plus the obligor’s

annual income imputed based on earning capacity; plus the obligor’s annual income

imputed from assets; divided by twelve (12).

(bb) “Nation” means the Oneida Nation.

(cc) “Non-cCustodial pParent” shall mean means the parent of a child who does not hold

primary care, custody and/or control of a child.

(dd) “Non-legally responsible relative” means a relative person connected with a child by

blood, marriage, or adoption who assumes responsibility for the care of a child without

legal custody, but is not in violation of a court order. A “Nnon-legally responsible relative”

does not include a relative who has physical custody of a child during a court-ordered

visitation period.

(ee) “Obligee” shall mean means the person or entity to whom child support is owed.

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(ff) “Obligor” shall mean means the person who is obliged to pay child support to the

obligee.

(gg) “Ownership interest” means any personal financial interest.

(hh) “Parent” means the biological natural or adoptive parent of the child.

(ii) “Payor” shall mean means a person or entity with a legal obligation, as an employer,

buyer of goods, debtor, or otherwise, to pay an obligor.

(r) “Relative” means any person connected with a child by blood, marriage or adoption.

(jj) “Reservation” shall mean means all lands within the exterior boundaries of the

Reservation of the Oneida Nation Tribe of Indians of Wisconsin, as created pursuant to the

1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal

law.

(kk) “Serial family obligor” means an obligor with an existing legal obligation for child

support who incurs an additional legal obligation for child support in a subsequent family

as a result of a child support order.

(ll) “Shared-placement obligor” means a parent who has an ordered period of placement

of at least twenty-five percent (25%), is ordered by the Family Court to assume the child’s

basic support costs in proportion to the time that the parent has placement of the child and

is determined to owe a greater support amount than the other parent.

(mm) “Split-placement obligor” means an obligor who has two (2) or more children and

who has physical placement of one (1) or more children but not all of the children.

(nn) “Stipulation” means a voluntary agreement between parties concerning some relebatn

point.

(mmoo) “Substantial change of income” means the obligor has a significant change in his

or her finances that would lead to a change in child support of more than fifteen percent

(15%) and fifty dollars ($50.00) per month.

(nnpp) “Variable costs” means the reasonable costs above basic support costs incurred by

or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s

special needs, and other activities that involve substantial cost.

(ooqq) “Threshold” means an amount, expressed as either a percentage of the monthly

amount due, a fixed dollar amount, or both, that the lien amount must equal or exceed

before an administrative enforcement action may be used to enforce a child support order.

(t) “Tribe” or “Tribal” shall mean the Oneida Tribe of Indians of Wisconsin.

(u) “Wage Withholding” shall mean the process whereby a court order, Family Court

order or voluntary wage assignment directs an employer, bank or agent holding monies or

property of an obligor, to make payments or deliver property to satisfy a child support

obligation.

704.4. Jurisdiction

704.4-1. The Family Court has jurisdiction over any action brought under this law.

704.4-2. Personal Jurisdiction. Personal jurisdiction over an individual under this law may be

established where one party or a child of the parties is any of the following:

(a) a member of the Tribe; or Nation;

(b) a resident of the Reservation who is also a member of an Indian tribe, band or

community which is recognized by a State or the federal government;

(c) a resident of the Reservation who is also the biological parent of a the child that is

enrolled or is eligible for enrollment with the Tribe Nation; or

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(d) an individual who consents to the jurisdiction of the Family Court by one (1) of the

following means:

(1) Filing an action with the Family Court.;

(2) Knowingly and voluntarily giving written consent to the jurisdiction of the

Family Court.;

(3) Entering a notice of appearance before the Family Court in an action without

concurrently preserving the defense of lack of personal jurisdiction or filing a

motion to dismiss for lack of personal jurisdiction within thirty (30) days of entering

the notice of appearance.; or

(4) Appearing in an action before the Family Court without asserting the defense

of lack of personal jurisdiction.

704.4-23. Personal jurisdiction over the other party may be established using any method provided

by law, including long-arm jurisdiction procedures as provided for in Section 201 of the Uniform

Interstate Family Support Act as referred to in 42 USC Section U.S.C. §666.

704.4-34. Transfer of Cases from Other Courts. If personal jurisdiction over the parties has been

established under 704.4-1 or 704.4-2 this law, the Family Court has jurisdiction over any action

transferred to the Family Court from any court of competent jurisdiction.

704.5. Initiating an Action for Child Support Orders

704.5-1. Every parent has a duty to support each and every child of that parent. A child support

order may be obtained from the Family Court by either submitting a voluntary agreement to the

Family Court for approval or by filing a petition for child support with the Family Court.

(a) If a party to the action is a minor or is a legally incompetent adult, the Family Court

may appoint a guardian ad litem to represent such party in the action, in accordance with

section 705.8 of the Child Custody, Placement and Visitation law.

704.5-2. A party may request the services of the Agency or may be referred to the Agency from

an entitlement program.

704.5-2. Initiation of Action by the Agency. For assistance in initiating a child support order Aa

party may request the services of the Agency or may be referred to the Agency from an entitlement

program.

(a) Within thirty five (530) business days of receiving a completed application for services

or a referral, the Agency shall send the non- meet with the custodial parent a Letter of

Request for Support and Financial Disclosure form.

(b) Within seven (7) business days of the meeting with the custodial parent, the Agency

shall send a Letter of Request for Support and Financial Disclosure form to the noncustodial parent.

(bc) If the non-custodial parent fails to respond to or take action on the Letter within ten

(10) business days, a second Letter of Request for Support and Financial Disclosure form

shall be sent.

(c) If the non-custodial parent fails to respond to or take action on the second Letter within

five (5 within ten (10) business days, the custodial parent, or the Agency when required by

federal law, may initiate a hearing in accordance with this law.

(d) If the non-custodial parent responds within the required time period after receiving a

Letter of Request for Support and Financial Disclosure form, the parties shall attempt to

enter into a stipulationvoluntary agreement.

704.5-3. Initiation of Action by a Party Not the Agency. Any of the following individuals may

initiate an action for the establishment of child support at any time by filing a petition with the

Family Court:

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(1a) a custodial parent;

(2b) a child’s mother;

(3c) a child’s father;

(4d) a child’s guardian ad litem;

(5e) a child’s non-legally responsible relative; or

(6f) a legally incompetent adult’s guardian ad litem.; or

704.5-34. Voluntary AgreementStipulation. (a) The parties may enter into a stipulation voluntary

agreement at any time as to the level of the child support obligation.

(a) The Agency shall assist parties in reaching a stipulation voluntary agreement upon

request or when the parties are referred to the Agency by an entitlement program. Parties

may also submit a stipulation voluntary agreement to the Family Court for approval without

the Agency’s assistance.

(b) In order for a stipulation voluntary agreement to be valid the following conditions shall

be met:

(1) The stipulation agreement shall be in writing, signed, and notarized;

(2) If the parties deviate from the percentage standards, the stipulation agreement

shall state the amount of support that would have been ordered by the percentage

standards and the reasons for deviating from the percentage standards;

(3) All parties shall sign the stipulation agreement free of duress and coercion; and

(4) The Family Court shall make written findings that the stipulation agreement is

appropriate, using the criteria for deviating from standard percentages under 704.73 as a guideline, if applicable.

(c) After the stipulation agreement is approved and filed by the Family Court, it shall have

the same force and effect as an order issued by the Family Court. The obligation of the

obligor to pay child support shall commence on the date specified in the stipulation

agreement, but no later than the date the agreement is approved and filed by the Family

Court.

704.5-45. Initiating a Hearing Petition to Establish Child Support. If the parties do not enter into

a stipulationvoluntary agreement, then any of the following may initiate an action for the

establishment of a petition to establish child support by filing a petition may be filed with the

Family Court.

(a) a custodial parent;

(b) a child’s natural mother;

(c) a child’s father;

(d) a child’s guardian ad litem;

(e) a child’s non-legally responsible relative;

(f) a legally incompetent adult’s guardian ad litem; or

(g) the Agency when required by federal law.

704.5-5. Petition. The petition to establish child support may be filed as a separate proceeding or

in connection with a petition for child custody. The petition to establish child support shall include

the following:

(a) Requirements of the Petition. The petition to establish child support shall include the

following:

(1) The name, date of birth, and address, and tribal affiliation of the petitioner, and

respondent, and child for whom support is requested;

(1A) If the address of the respondent is unknown, other Tribal departments

of the Nation shall cooperate with the Family Court, at the Family Court’s

request, to provide the Family Court with the respondent’s address. Any

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such Family Court requests shall be made in such a way which protects the

privacy rights of all parties and children who are involved in proceedings or

actions under this law.

(2) With whom the child currently resides;

(3) When and how paternity was established;

(4) Name and date of birth of other children of the parties, and the child support

obligation for those children, if applicable;

(5) Whether either party is receiving state or tribal benefits, and if so, what benefits;

(6) Whether any other action to determine child support has been commenced or

is pending in a court of another jurisdiction and whether a child support order has

been entered by another court;

(7) Financial information such as the parties’ income;

(8) The relief the petitioner is requesting, which shall include, but is not limited to,

establishment of support, request for support back to date of filing, and/or any other

relief the court may deem just and equitable;

(b2) Confidential Petition Addendum. The confidential petition addemdum is a A

separate form which has the parties and the child’s name, date of birth and social

security number. This form shall be kept separate from the petition and shall be

maintained in a confidential file. The form shall be available only to the parties,

their the parties’ attorneys or advocates, the Agency, or any person authorized by

the Family Court to have access to the form.

(b) Nondisclosure of Information in Protected Cases. Upon a finding, which may be made

ex parte, that the health, safety or welfare of a party or child would be unreasonably put at

risk by the disclosure of identifying information, or if an existing order so provides, the

Family Court shall order that the address of the child or party, or other identifying

information, not be disclosed in a pleading or other document filed in a proceeding under

this law.

704.5-6. (c) Hearing Date. Upon receipt of a petition, the Family Court shall schedule a

hearing to determine child support to be held at a time after the filing of the petition and

consistent with the manner of service.

704.5-7. (d) Notice Summons. All parties shall be notified of the petition and of all

hearings, and shall be given an opportunity to be heard.

(1) Service of the Summons. The summons, which N notices the initiationg of an

action shall be served by certified mail (return receipt requested) or in person within

fifteen (15) calendar days after the petition is filed with the Family Court. All

mailing of notice The summons shall include the Family Court clerk’s return

address, with a notice request to file an answer to that address. Subsequent Any

notice after the summons shall be served by first-class mail to the recently verified

last-known address of the party.

(aA) Certified mail. Certified mail sent to a party’s most recently verified

last-known address but returned because it was unclaimed or refused shall

constitute constructive service. Certified mail returned for other reasons

shall require service by other methods pursuant to the Oneida Judiciary

Rules of Civil Procedure.

(bB) Publication. When a responding party cannot be found for personal

service after diligent attempts and attempts to serve the responding party by

certified mail have failed, the petitioner shall may ask the Family Court to

direct the Agency to provide use service by publication. If the request is

7 O.C. 704 – Page 8

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granted, the Agency The publication shall be publish the petition in the

Kalihwisaks Nation’s newspaper or a newspaper of general circulation in

the county of residence of the respondent, if known. The Ppublication shall

be designated as a Legal Notice and any confidential information shall be

redacted.

(1i) If service by publication is usedpermitted and there is

insufficient time for notice and answer pursuant to this lLaw, the

Family Court shall re-schedule the hearing appropriately and may

permit extended time deadlines for default orders and for hearings

in order to provide for fair notice and opportunity for the party to

respond.

704.5-8 (2) Requirements of the Summonsand Petition. The summons to be served

on the respondent(s), along with the petition, shall include the following notice, in

addition to providing a time, place, and date for appearance:

(a1) That if he or she chooses not to appear at the hearing or enter a defense

to the petition challenging the authority of the Family Court to hear the

matter by the date of the hearing, the hearing shall proceed on the basis of

the petitioner’s evidence;

(b2) That a child support order may require the respondentperson found to

be the obligor to pay child support until the child reaches eighteen (18) years

of age or until the child graduates from high school, or its equivalent, up to

age nineteen (19);

(c3) That the respondent’s person found to be the obligor may have his or

her license(s) may be suspended or denied for failure to pay child support,

in addition to other enforcement actions;

(d4) That the respondent’s person found to be the obligor’s employer or

others with evidence of the respondent’s his or her income may be

subpoenaed to provide the Family Court with records of his or her earnings;

(e5) That if the respondent person found to be the obligor is unemployed,

he or she will it shall still be imputed to be determind that he or she is able

to provide some degree of child support and an order of support will shall

be calculated according to this law unless the Family Court makes written

findings ordering otherwise; and

(f6) That any answer to the petition shall be filed with the Family Court

within twenty (20) calendar days of the date of service of the petition, and

a copy served on the other party.

704.5-9 (e) Answers. Answers shall be filed with the Family Court and served on the

petitioner within twenty (20) calendar days of the date of service of the petition in

accordance with the Nation’s laws and policies governing civil procedure.

704.5-10 (f) Subpoenas. Upon request of either party, the Family Court shall issue

subpoenas to any person in possession of relevant information to appear or produce

documents to the Family Court. Failure to comply with such a subpoena may be punishable

as contempt.

704.5-11. Temporary Orders. At any time after a child’s parentage has been established, the

Family Court may make a temporary order for the payment of child support and the ch

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Oneida Business Committee (2020) | Frix